Toellner v. McGinnis

Citations

• 55 Wash. 430
• 104 P. 641
• 1909 Wash. LEXIS 777

Syllabus

<p>Landlord and Tenant — tLeases—Rent—Reentry. Default in the payment of rents, and reentry hy the landlord under process in an action for unlawful detainer, works a forfeiture of all right to rents subsequently earned.</p> <p>Landlord and Tenant — Lease—Covenants —■ Construction. A stipulation in a lease requiring a landlord to pay the lessee for improvements, at the end of the term, is one for compensation, and the intent of the parties, construing the lease as a whole, determines whether the same is dependent upon the payment of rents, irrespective of the fact that the improvements have become part of the real estate.</p> <p>Landlord and Tenant — Lease—-Dependent Covenants — Improvements and Rent — Forfeiture or Abandonment. Where a lease for a term of years, at a stipulated ground rent payable monthly with right of reentry in case of default, provides that the lessees shall erect a building which shall become the property of the lessors at the end of the term upon payment of a sum equal to two-thirds of its value, the covenant to pay rent and the covenant to pay for the building are mutual and dependent, and the lessee cannot, after abandonment or forfeiture for condition broken and reentry, recover the value of the building or any part thereof (Gose and Mount, JL, dissenting).</p> <p>Same — Compensation for Improvements — Forfeiture—Pendency of Action. The forfeiture of the lessees’ right to compensation for a building erected hy them, under the terms of the lease, by reason of default in payments of rents and reentry by the landlord, is not affected hy the fact that an action for unlawful detainer is pending and undetermined, where it appears that the lessees admitted their purpose to pay no more rent and did nothing in the detainer action to tender rent, protect their interests, or prevent reentry.</p> <p>Same- — Compensation for Improvements — Actions—Limitations —Reentry. Where a lease for a term of years, with right of reentry for nonpayment of ground rent