Noon v. Mironski

Citations

• 58 Wash. 453
• 108 P. 1069
• 1910 Wash. LEXIS 955

Syllabus

<p>Landlord and Tenant—Lease—Use of Premises-“-Restbictions. The statement in a lease of a storeroom that it was “for the purposes of conducting a hakery therein,” is not a restriction which would prevent its use and occupation for the purpose of selling groceries; since the building was adapted thereto, and the use was not materially different from the bakery business.</p> <p>Evidence—To Vary Writing—Ambiguity—Lease. A lease of premises “for the purpose of conducting a bakery therein” is not ambiguous so as to permit oral evidence to explain that the clause was intended as a restriction preventing the use of the premises for any other purposes.</p> <p>Costs—Witness Fees—Wife of Party. Upon judgment for the defendant, costs may be taxed for the witness fees of his wife, although she was a competent party defendant and might have been joined as such.</p>