Bernheimer v. Rezek
Washington Supreme Court
Appeal from a judgment of the superior court for Chelan county, Grimshaw, entered December IT, 1914, upon findings in favor of the plaintiffs, in an action for rent, tried to the court.
1Per curiam
Appellant was sued as the assignee of a lease. He paid rent at the price stipulated in the lease for the time he actually occupied the premises. He denies that there ever was an assignment and contends that he is not liable for the rent for the term, under- the rule announced in Tibbals v. Iffland, 10 Wash. 451, 39 Pac. 102, and Harvard Inv. Co. v. Smith, 66 Wash. 429, 119 Pac. 864.
Whether appellant bought the business and the lease and assumed its obligations, is a question of fact. Two witnesses testified positively that a written assignment was made out, acknowledged formally and accepted…
2Cases cited2 opinions
- Tibbals v. IfflandWashington Supreme Court · 1895
- Harvard Investment Co. v. SmithWashington Supreme Court · 1912