Moore v. Twin City Ice & Cold Storage Co.

Citations

• 92 Wash. 608
• 159 P. 779
• 1916 Wash. LEXIS 803

Syllabus

<p>Landlord and Tenant — Reversion—“Waste”—Forfeiture. Waste being an unreasonable or improper use or omission of duty touching real estate resulting in its substantial injury, a tenant does not commit waste upon a town lot 50x137 feet, valued at $2,200, by depositing sand and gravel on it thereby making it less valuable for agricultural purposes; since it is not chiefly valuable for such purposes.</p> <p>Same — Lease—Use of Property. Where a lease of a lot adjoining property of the tenant did not specify the purpose to which the property should be devoted, its use for the deposit of sand and gravel to be used on the tenant’s property is not unreasonable.</p> <p>Same — Lease—Forfeiture—Alterations Without Consent. The making of alterations by a tenant without the consent of the lessor, in violation of the terms of the lease, does not give the lessor the right to terminate the lease where the lease only gives the right to expel the lessee if he fails to pay rent or commits waste.</p> <p>Tender — Check or Cash — Objections—Landlord and Tenant— Payment oe Rent. A tender of rent in tlie form of a check is good if not objected to on that ground, where there was nothing in previous dealings to indicate that a check was not acceptable; and it is immaterial that a mistake was made in the description of the property where the lessor knew what property was intended.</p>