Blanc's Cafe, Inc. v. Corey

Citations

• 118 Wash. 10
• 202 P. 266
• 1921 Wash. LEXIS 921

Syllabus

<p>Landlord and Tenant (9) — Lease—Conditional Delivery of Lease. A lease of premises cannot be said to have been conditionally delivered from the fact that the lessee notified the lessor in writing that, in consideration of the delivery of the lease, the lessee would not hold the lessor liable if the present tenants were not out by a given date, but were allowed to remain over a few days longer.</p> <p>Same (39-1) — Lease—Abandonment by Tenant — Waiver, of Rights — Evidence—Sufficiency. A lessee who has been prevented from taking possession of leased premises by reason of restrictive clauses in other leases by the lessor cannot be said to have abandoned the lease, or to be chargeable with laches, where it delayed for eight months in bringing a possessory action for the premises and, on the dismissal of its action without prejudice, waited another six months before instituting action, in view of the fact that the lessee refused to receive back the rents and money deposits made by it and retained the keys to the leased premises.</p> <p>Same (52) — Action for Failure to Deliver Possession — Evidence — Admissibility. Evidence of the financial condition of a lessee for the purpose of showing its inability to occupy premises leased to it is immaterial in an action by the lessee for possession.</p> <p>Same (52, 53) — Action for Possession — -Damages—Recitals in Judgment. The right of a lessee, if any it have, to institute an action for damages, following a possessory action against the lessor for the premises, is fully protected by a recital of the judgment in the possessory action that the question of plaintiff’s damages was not presented to or considered by the court.</p>