Johnson v. Zufeldt

Citations

• 56 Wash. 5
• 104 P. 1132
• 1909 Wash. LEXIS 832

Syllabus

<p>Landlord and Tenant — Lease—-Assignment—Reservations. The assignee of a lease is not entitled to the use of a cottage which was expressly excepted in the assignment, in the absence of fraud, deceit or mutual mistake in reserving the cottage.</p> <p>Landlord and Tenant — Leases — Partial Assignment — Rent— Proportional Shares. Upon a partial assignment of a lease, which contained no reference to the share of the rent which the assignee was to pay, the law implies an agreement to pay a proportional share only, according to the value of the respective interests, and upon payment of the entire rent by the assignee, he is entitled to recover from the assignor the proportional part admitted by the pleadings to be chargeable to the interest of the assignor.</p>