American Savings Bank & Trust Co. v. Mafridge

Citations

• 60 Wash. 180
• 110 P. 1015
• 1910 Wash. LEXIS 1024

Syllabus

<p>Landlord and Tenant — Assignment op Lease — Contracts-—Construction. A written contract whereby a party desiring to purchase a lease agreed to pay for the use of the premises, to the assignee of the lease, monthly during its term, a fixed sum in addition to the monthly rent which the original assignee is obliged to pay to the lessor, is in law an assignment of the lease.</p> <p>Frauds, Statute op — Assignment op Lease — Acknowledgment. An assignment of a lease is valid without acknowledgment under the laws of this state.</p> <p>Landlord and Tenant — Lease—Contracts—Mutuality. A contract whereby a party agrees to pay the assignee of a lease, for the use of the leased premises, a fixed sum monthly during the term of the lease in addition to the rent, signed by both parties, is on its face a mutual contract and enforcible.</p> <p>Landlord and Tenant — Assignment op Lease — Contracts— Breach — Acceptance op Rent. Where the plaintiff, being assignee of a lease, sold the same to defendant, and defendant’s corporation in possession afterwards went into the hands of a receiver, acceptance of the rent for two months from the receiver, and receipt of the hey, will not prevent the plaintiff from recovering from the defendant the balance due on the contract, where the evidence shows he did not intend to release the defendant.</p> <p>Landlord and Tenant — Assignment oe Lease — Breach—Damages. The assignee of a lease, after breach, and sale of the lease at his request to lessen the damages, is liable for the rent to the time of the breach, and for the present value of the monthly payments due to the assignor in the future, at the legal rate of interest, less the sum for which the lease was sold.</p>