Brewster Cigar Co. v. Atwood

Citations

• 107 Wash. 639
• 182 P. 564
• 1919 Wash. LEXIS 771

Syllabus

<p>Principal and Surety (26)—Discharge of Surety—Change in Parties to Obligation—Surrender of Lease. The sureties upon the bond of a lessee, obligated with their principal to perform the terms of a sublease of part of the leased premises, are not released by the fact that the lessee surrendered its lease and that the sublessee subsequently remained in possession and paid rent to the successors in interest without complaint until ejected; but are holden under the terms of the bond to maintain the sublessee in quiet and peaceful possession of the property.</p> <p>Landlord and Tenant (87, 88)—Eviction—Acts by Landlord. Where a sublease provided that the lessor should cut back a portion of the adjoining and of the leased premises for a joint entrance, a change in and obstruction of such entrance in violation of the sublease and notice that the sublease was terminated and would be recognized only as a tenancy from month to month, constitutes an eviction, entitling the sublessee to move out and to damages.</p> <p>Same (91)—Eviction—Defenses. In an action against a lessee and its sureties for damages for evicting its sublessee, it is no defense that the sublessee violated the law in allowing dice shaking, where no objection was made thereto and it was not evicted for that reason, but because the dominant tenant changed the building in violation of the terms of the sublease and desired the sublessee’s removal.</p>