Batley v. Dewalt

Citations

• 56 Wash. 431
• 105 P. 1029
• 1909 Wash. LEXIS 919

Syllabus

<p>Landlord and Tenant — Lease—Assignment—Without Consent —Damages—Rights of Assignee — Waiver of Forfeiture. Damages cannot be recovered by the assignees of a lease by reason of the assignor’s breach of her agreement to procure the written consent of the landlord, where the assignees were not disturbed in their possession and the landlord waived a forfeiture of the lease by accepting rent from the assignees after notice of the assignment.</p> <p>Same — Lease-—Assignment Without Consent — Waiver—Receipt of Rents. A landlord’s acceptance of rent from assignees of the lease, after notice of the assignment, waives the right to forfeit the lease for assignment without the landlord’s consent, although receipt for the rent was given in the name of the original lessees.</p>