Oregon & Washington Railroad v. Elliott Bay Mill & Lumber Co.

Citations

• 70 Wash. 148
• 126 P. 406
• 1912 Wash. LEXIS 1018

Syllabus

<p>Landlord and Tenant — Action for Rents — Modification of Lease — Evidence—-Sufficiency. A finding that a lease was modified by an oral agreement to allow the lessee to pay rent to a third party, and to remain in possession without payment of rent pending the termination of litigation between the lessor and the third party, will not be disturbed where the evidence is conflicting and the lessee was corroborated by the fact that the lessor continuously, refrained from demanding and collecting the rentals, which were paid to the third party, and that the litigation had not been finally determined.</p> <p>Frauds, Statute of- — Oral Modification of Written Lease — Part Performance. The rule that an oral modification of a written lease is void has no application, where it appears that the oral agreement was partially performed by allowing the lessee to remain in possession and pay rent to a third party pending the termination of litigation between the lessor and the third party, and that the lessor subsequently recognized it by forbearance in neither demanding nor collecting rent.</p>