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· 9/27/1915

Johnson-Lieber Co. v. Berlin Machine Works

Citations

  • 87 Wash. 426

Syllabus

<p>Landlord and Tenant—Eviction—What Constitutes—Access— Acts op Third Person—Rent—Defenses. In the absence of covenants in a lease of a warehouse as to an attached six foot loading platform, used for ingress, three feet of which extended over adjoining railroad property, the act of the railroad company in cutting off half of the platform does not amount to constructive eviction by the lessor, who is not presumed to have control of means of ingress extending beyond his own premises, although the loss of the platform made the leased premises less useful to the tenant’s particular purposes; hence the same is not a defense to an action for the rent.</p>

Judges: Fullerton

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