Lynn v. Waldron

Citations

• 38 Wash. 82
• 80 P. 292
• 1905 Wash. LEXIS 1121

Syllabus

<p>Landlord and Tenant—Fixtures—Action to Enjoin Removal op Buildings — Defenses — Equity — Evidence —> Intention op Parties. In an action to enjoin a lessee from removing buildings, brought by purchasers of the real estate whose deed expressly excepted the buildings from the grant, the lessee should he permitted to question the plaintiffs as to a bill of sale of the buildings secured by the plaintiffs long after buying the property, and to show the understanding with reference to the buildings at the time the property was purchased; since some latitude must he allowed defendant to show whether the plaintiffs come into equity with clean hands, and since the question whether the buildings were to be regarded as fixtures depends upon the intention of the parties.</p> <p>Same-t-Lease With Right to Remove Buildings—Extension op Lease—New Agreement. Where a lessee had the right under a written lease to remove the buildings, and at the expiration of the lease he continued for a time to hold over from month to month under the same terms and with the same rights as to removal, his right to remove the buildings is not abrogated by a further written extension for eighteen months imposing no new terms, since such an extension is not a new lease abrogating the conditions of the original lease, within the rule of Spencer v. Commercial Co., 30 Wash. 520.</p>