Burns v. Dufresne

Citations

• 67 Wash. 158
• 121 P. 46
• 1912 Wash. LEXIS 1138

Syllabus

<p>Landlord and Tenant — Lease—Covenants—Conditions—Subletting. Under a lease of a space to be used as a theater entrance, covenanting that the same shall not be assigned without the written consent of the lessor, and providing that the portion of the premises not required for such purpose may be used by the lessee for any lawful purpose, the lessee may sublet such portions without the consent of the lessor; conditions against assignment and subletting being strictly construed.</p> <p>Same — Lease — Construction — Authority for Alterations in Premises. Where a lease of ground floor to be used for a theater entrance provided that the lessee may at his own expense install heat, water, and light by such piping and wiring as may be necessary, the lessee is authorized to bore holes in the floor and connect with water pipes by way of an unoccupied basement, although the basement was expressly reserved to the lessor, where it appears that there was no other way to make the connections, which did not in any way interfere with the lessor’s reasonable use of the basement.</p> <p>Landlord and Tenant — Subletting — Purposes—Remedies—Injunction — When Lies. An injunction will not be granted at the suit of the owner against a sublease for the purpose of maintaining a cigar store and saloon, .on the theory that no saloon license can be granted without the owner’s consent under Rem. & Bal. Code, § 6290, where the lease contained no restrictions; since plaintiff can withhold his consent and prevent the issuance of the saloon license, and the sublessee is entitled to conduct any other lawful business on the premises.</p>