Pague v. Petroleum Products, Inc.

Plaintiff landlord brings an action for rents accrued under a lease. Defendant tenant (assignee of orig inal lessee) appeals from a judgment awarding plaintiff the full rentals, contending (1) that there had been a constructive eviction; (2) that he had surrendered the premises and plaintiff has accepted such surrender; and (3) that any liability for rentals is limited to $850 by the terms of a liquidated damages provision of the lease.

No error is assigned to the trial court’s findings of fact and they are accepted as the verities on this appeal. Riley v. Rhay, 76 Wn.2d 32, 454 P.2d 820…