Boston Clothing Co. v. Solberg

Citations

• 28 Wash. 262
• 68 P. 715
• 1902 Wash. LEXIS 483

Syllabus

<p>SPECIFIC PERFORMANCE ■— CONTRACT OF LEASE-DESCRIPTION OF PROPERTY.</p> <p>A memorandum of agreement for a lease reciting that it was made at Everett, Washington, for the “first story of the two-story brick building belonging to John A. Nolan, for a period of one or more years, commencing as soon as said premises can be vacated by the present tenant, L. K. Church, Jr.,” describes the property sufficiently for purposes of identification in an action for specific performance against a subsequent grantee, especially when the covenant of warranty to such grantee excepts “a certain lease to he hereafter executed for one or more years.”</p> <p>LANDLORD AND TENANT- — DURATION OE TERM.</p> <p>A lease for “one or more years” constitutes a term for two years, at the option of the lessee.</p> <p>SAME —• AGENCY RATIFICATION.</p> <p>A complaint in an action for the specific performance of a contract for a lease against a subsequent grantee states a cause of action, although the contract stated it was signed by the agent of the husband, when it is alleged that such agent was agent of both husband and wife, and the deed executed by husband and wife specifically excepts such lease from their warranty, thereby constituting a ratification by the wife of the agency.</p>