Tennes v. American Building Co.
Citations
- 72 Wash. 644
- 131 P. 201
- 1913 Wash. LEXIS 2135
Syllabus
<p>Landlord and Tenant — Constructive Eviction — Waiver. A constructive eviction by an unlawful interference with tbe lessee’s subtenant is waived where tbe lessee does not surrender tbe premises.</p> <p>Same — Lease—Breach by Landlord — Damages — Evidence—Admissibility. Where a landlord unlawfully interfered with tbe lessee’s subtenant, causing a loss of tbe rent under tbe sublease, tbe sublease is not admissible in evidence to prove tbe damages, inasmuch as gains or profits of collateral subcontracts cannot be recovered for breach of tbe original contract, where tbe subcontract was made after tbe execution of tbe original contract.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a party's decision to remain in possession of its leased premises waived its ability to claim constructive eviction, despite being able to show wrongful conduct by its landlord amounting to constructive eviction
- even if a landlord's actions constitute a constructive eviction, if the tenant decides to remain in possession of the leased premises, he waives his right to treat it as an eviction
Source: CourtListener parenthetical corpus (CC0).
Judges: Gose
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Cites
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