Andersonian Investment Co. v. Wade

Citations

• 108 Wash. 373
• 184 P. 327
• 1919 Wash. LEXIS 882

Syllabus

<p>Landlord and Tenant (129)—Unlawful Detainer—Defenses— Equitable Estoppel. In unlawful detainer of leased premises in lawful possession, upon an attempted forfeiture of the lease for breach of conditions, the tenant may present a defense, legal or equitable, excusing the breach, and may show equitable estoppel to enforce the conditions.</p> <p>Evidence (168-173)-—To Vary Writing — Contemporaneous or Subsequent Agreements. While a parol agreement contemporaneous with the signing of a written lease, may not, standing alone, be shown contradicting the terms of the lease as to the exclusive use to which the property was put, yet parol evidence is admissible to show that subsequently one of the parties acted upon and the other acquiesced in an oral addition to or modification of the written contract.</p> <p>Estoppel (48, 54)-—Landlord and Tenant (40, 129)—Waiver of Forfeiture. A landlord is estopped to declare a forfeiture of a lease for breach of conditions as to the purposes for which the premises could be used, where he permitted the tenant to occupy the premises in contravention of the terms of a written lease during the -entire period of the first term, and his agent gave express consent to continue to do so during the second term and to alterations for that purpose, which the tenant made at considerable trouble and expense.</p>