Stetson & Post Mill Co. v. Pacific Amusement Co.

Citations

• 37 Wash. 335
• 79 P. 935
• 1905 Wash. LEXIS 730

Syllabus

<p>Landlord and Tenant — Lease—Mechanics’ Lien — Interest of Lessee — Forfeiture for Condition Broken — Judgment—Execution Sale — Title. Where a mechanics’ lien was foreclosed against the leasehold estate of a tenant, who had erected a building on the leased premises, and before sale the lease was declared forfeited for non-payment of the rent, and the landlord recovered possession, an execution sale under the lien foreclosure, made after the re-entry by the landlord, conveys no title, although the lien holder was not a party to the decree forfeiting the lease; since performance, or tender of performance, of the lease, before peaceable re-entry for condition broken, was essential to prévent a forfeiture of the leasehold estate upon which the judgment was a lien.</p>