Yakima Valley Motors, Inc. v. Webb Tractor & Equipment Co.

Defendant was tenant under a lease terminating June 9, 1941, of premises owned by plaintiff. After the lease terminated, plaintiff brought this action to recover the last two months’ rent and for damages for breach of the lessee’s covenant to repair. Defendant counterclaimed for damages for wrongful eviction. The cause was tried to the court, which, upon findings made, entered judgment dismissing plaintiff’s complaint and denying defendant’s counterclaim. Plaintiff appeals.

The appeal presents three questions: (1) whether respondent was absolved of liability for rent for the last two months of…