Kellogg v. Lowe

Citations

• 38 Wash. 293
• 70 L.R.A. 510
• 80 P. 458
• 1905 Wash. LEXIS 1164

Syllabus

<p>Landlord and Tenant—Constructive Eviction—Lease eor Saloon Purposes—Protest Asainst Renewal oe License—Grounds por Refusal op License. Where premises were leased for saloon purposes, and the city council refuses to renew a liquor license to the tenants, solely on the ground that more than a majority of the lot owners in the block protested against the same, the tenants cannot claim a constructive eviction by reason of the fact that the landlord, as owner of the lot, did not consent to the issuance of the license, the protesting owners being in the majority irrespective of such lot.</p> <p>Same—Landlord’s Protest as Owner op Other Lots. The fact that the owner of premises leased the same for saloon purposes does not prevent him, as owner of other lots in the same block, from protesting to the city council against the renewal of the tenants’ liquor license, and the fact that such protest, together with others, made a majority of the lot owners and prevented the city council from renewing the license, does not amount to a constructive eviction on the pa,rt of the landlord, or entitle the tenants to damages.</p>