Kershaw v. Simpson

Citations

• 46 Wash. 313
• 89 P. 889
• 1907 Wash. LEXIS 614

Syllabus

<p>Tenants in Common — Partnership—Mutual Rights — Right to Acquire Title — Leaseholds. Joint lessees of premises are not co-partners thereby precluding one or more from purchasing the premises at the end of the term without being accountable to a co-lessee, desiring to participate in the purchase, hut are rather tenants in common, when no condition or fiduciary relationship existed preventing such action as a matter of good faith or public policy; especially where such co-lessee had always treated her half interest in the lease as a separate entity, and invokes equity to recover an interest in the purchase, and made no offer to participate in the sale or pay her share of the price for three years, during which time the value of the property greatly increased.</p>