Scandinavian American Bank v. Washington Hotel & Improvement Co.

Citations

• 70 Wash. 223
• 126 P. 438
• 1912 Wash. LEXIS 1033

Syllabus

<p>Mortgages — Stipulations by Mortgage — Construction — Breach —Damages. Where a purchase money mortgage upon high class business property, which was inaceessable because 80 to 90 feet above street grade, stipulated that the mortgagee should bring the property and part of the street down to the established grade within á specified time, the mortgagor, on breach of the stipulation by delay in performance, can recover the reasonable rental value of the property during the time which she was kept out of its use by reason of the delay; and a provision in the mortgage postponing the maturity of the note until the grading had been done does not show an intention to make that the measure of the mortgagee’s liability for the breach of the stipulation, where a substantial part of the purchase price had already been paid.</p> <p>Same — Interest—Abatement. In such ease, the interest on the mortgage note does not abate from the date of its maturity until the grading was completed, where the note by its terms bears interest “until paid,” and the mortgage stipulates that it shall not be due and payable until the grading is completed, and the contract contemplates that the mortgagee shall reduce the property to grade and have its value as fixed by the contract.</p> <p>Appeal — Decision—Remand. Upon reversing a case in which judgment for plaintiff was entered at the conclusion of defendant’s evidence on an issue raised by new matter in the answer, a new trial should be allowed in order to allow the plaintiff an opportunity to meet the defendant’s testimony.</p> <p>Mortgages — Foreclosure —Costs — Attorney’s Fees — Tender— Effect. Where defendant’s tender of the amount due on a promissory note and mortgage was sufficient when made, the plaintiff is not entitled to an allowance for attorney’s fees.</p>