Washington Hydroculture, Inc. v. Payne

Lessor, Washington Hydroculture, Inc., brought a damage action against lessee, Frank Payne, for the cost of rebuilding two leased fiberglass greenhouses destroyed by fire. Summary judgment on liability was granted against lessee based on a provision in the lease commonly called a maintenance and delivery clause. There is no issue of fault, as this is an action on the contract.

The Court of Appeals affirmed the trial court. Washington Hydroculture, Inc. v. Payne, 26 Wn. App. 40, 610 P.2d 967 (1980). We reverse.

In 1975, Frank Payne leased two hydroponic greenhouses located on lessor's property…