State ex rel. Ratliffe v. Superior Court

Citations

• 108 Wash. 443

Syllabus

<p>Joint Adventures—Partnership (1, 2)—Community of Interest —Sharing Profits as Rent. -A partnership or joint adventure is not constituted by an agreement called a farm lease, with the usual provisions as to subletting, reentry, control and farming, which gave the lessor one-third of the crop for rent and one-third for use of equipment and its upkeep to be furnished by the lessor, the lessee to pay the cost of operation, and the balance of the crops, with increase of the stock, to be divided equally, where it contained no agreement that the lessor should share in the losses; but the same will be construed to be a lease creating the simple relation of landlord and tenant only.</p> <p>Landlord and Tenant (17)—Transfer of Reversion—Rights and Liabilities of Grantees and Tenants — Construction of Lease. Under a farm lease of two farms, whereby, for a share of the crops and increase in the stock, the tenants were to operate the farms with equipment furnished by the landlord, upon a sale of the upper farm subject to the lease, the vendee thereof and the tenants could cancel the lease as to such farm and surrender possession to such vendee; and subsequent purchasers of the other farm and all the equipment, subject to the lease, had no right to oust the other vendee in virtue of any right they might have to compel the tenants to perform the contract by using the equipment on the farm first sold; their remedy, if any, being against the tenants for breach of contract.</p>