Carstens v. Western Pipe & Steel Co. of California

The lease which the plaintiffs gave the defendant, covering certain waterfront property in Seattle, contained this provision:

“At the expiration of the term hereof the said lessee [the defendant] will quit and surrender the said leased premises in as good state and condition as when possession is taken, damage by the elements or fire excepted.”

While the defendant was in possession, there was a somewhat disastrous fire which either destroyed or damaged some of the buildings located on the leased land and some of the derricks, cranes and other like property which were on the wharf and went with…