Spotts v. Westlake Garage Co.

Citations

• 116 Wash. 255
• 199 P. 294
• 1921 Wash. LEXIS 823

Syllabus

<p>Witnesses (35)—Competency—Transactions With Persons Since Deceased—Interest In Event. Rem. Code, § 1211, disqualifying a person from testifying as to transactions with a decedent respecting the renewal of a lease, is inapplicable in the ease of a lessee who had parted with all interest under the lease, and was not a party to the record.</p> <p>Contracts (66)-—Landlord and Tenant (15)—Lease—Constru-ing Instruments Together. An agreement for renewal of a lease, bearing same date as the lease and making reference to that instrument, must be considered as a part of the leasing agreement and supported hy the same consideration; the fact that the renewal agreement was not acknowledged until five days after the date of the lease being immaterial.</p> <p>Landlord and Tenant (30)—Extensions and Renewals—Covenant eor Renewal. Under a lease providing for renewal at the expiration of the term at the same rentals paid during the last year of the term, the lessee is entitled to a renewal at the reduced rental paid during the last year of his tenancy, under a modification of the rental terms of the original lease.</p> <p>Landlord and Tenant (15)—Lease—Construction and Operation—Conditions. A condition in a lease requiring the lessees to deliver a bond in the sum of $5,000 as security for the performance of its terms was waived by the acceptance of $1,000 in lieu thereof, which sum was to be returned on the substitution of $2,400 in stock of the corporation to be formed by the lessees, and on tender of the stock the lessor said he did not care for it, that he had used the $1,000, and asked that the sum be applied on the rent, and at no time thereafter during the term of the lease ever demanded the delivery of the $5,000 bond.</p> <p>Same (15). The failure of a lessee to pay the rent due for certain months under a lease must be deemed waived by a subsequent agreement modifying rentals for the future, which made no reference to the prior delinquent rent, and hence such failure wou