Lindbloom v. Berkman

Citations

• 43 Wash. 356
• 86 P. 567
• 1906 Wash. LEXIS 704

Syllabus

<p>Landlord and Tenant — Lease—Construction—Appurtenances. A lease of the upper stories of a building, reserving the right to repair the stairway leading to the leased premises, carries with it as an appurtenance the right to use the hallway on the first floor which was the lessees’ only entrance, and which, by reason of its size, added greatly to the value of the lease; hence an injunction would lie against the lessor’s subsequent use of a portion of the hallway for hucksters, greatly impeding access to the leased premises; and this although the hallway had been .somewhat increased in size in repairing the stairs.</p> <p>Damages — Excessiveness—Landlord and Tenant — Use of Prem■ises. Damages recovered by a lessee for unlawful use by the lessor of part of the demised premises are not excessive where they were less than the amount received by the lessor for the use and rents thereof.</p>