Hardman Estate v. McNair

Citations

• 61 Wash. 74
• 111 P. 1059
• 1910 Wash. LEXIS 1285

Syllabus

<p>Landlord and Tenant — Rents—Lease—Condition op Premises— Implied Warranty. Where, by the terms of a lease, the premises were to be arranged by the lessors for a cafe and kitchen, and the lessees were prohibited from making any other use of the same, the lessor cannot recover rent without complying with the lease, nor invoke the general rule that there is no implied warranty of the fitness of demised premises.</p> <p>Same — Lease—Condition op Premises — Terms—Construction. A lease providing that the lessor shall arrange the premises for a kitchen and cafe “as in its judgment shall be best,” and prohibiting the lessee from making other use of the same, does not make the lessor the solé judge of the fitness of the place to the extent of relieving it of all obligation to produce the results contemplated.</p> <p>’ New Trial — Grounds—Surprise—Evidence. Introduction by defendant of evidence material to the issues disclosed by the pleadings cannot be made the ground of a new trial on the ground of surprise, where the plaintiffs were not misled to believe that no evidence of that nature would be used against them.</p> <p>New Trial — Newly Discovered Evidence. A new trial should not be. granted for newly discovered evidence that is merely cumulative and not likely to change the result.</p>