Beebe v. Tyra

Citations

• 49 Wash. 157
• 94 P. 940
• 1908 Wash. LEXIS 543

Syllabus

<p>Landlord and Tenant — Lease—Conditions—Sale of Liquor— Right of Subtenant to Enforce. A stipulation in a lease prohibiting the sale by the lessee of intoxicating liquors on the premises, and providing that the lease may be cancelled for violation of such clause, cannot be taken advantage of by a subtenant of part of the premises against the lessee and his other subsequent subtenants, where the first sublease did not provide against such sale in the other portions of the premises afterwards sublet; since the stipulation was a condition subsequent which could be waived, or only taken advantage of, by the original lessors, the objecting subtenants not being parties to the lease in question.</p> <p>Same — Injunction—Estoppel. A subtenant of part of leased premises is estopped to maintain a suit to enjoin the use of other portions thereof for saloon purposes, contrary to a provision running with the leased land, where the saloon was fitted up at great expense and allowed to run eleven months, during which time the saloon property changed hands several times, without any other objection than a letter, written before the saloon sublease was made, notifying the parties thereto of the stipulation in the lease prohibiting the sale of intoxicating liquors on the premises, and that the writers would hold the parties responsible for all damages if the terms of the lease were broken; since such equitable action must be seasonably commenced.</p>