The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-08-09
Seattle. Aug. 4.

SEATrLE. Aug. q.
To rHE EEITog. In view OF the fact
that the rent question seems 10 be Gre
ating not little local interest. | de-
sire TO say few words ia answer 70
Mr.. Wiestling's article Published in
today 5 edition Of your valuable paper.
He says it is generally accepted
docfrine that one who leases land with
a building on il must still paw rent in
the event of the building being de-
struyed by fire. From the case Of
Whitaker vs.. HGwiey, 18th Kansas,
reported in the 37th American Re
ports, quote the following from the
decision of the court, rendered in the
case by Justice Brewer. who is An
able judge. I'VE think the law il
that where real and personal property
are leased by a single instrument for
an amount in gross. and the person
atty is a substantial part al the prop
erty leased. it, destruction. without
the fault OF the lessee. by fire or other
wise, entities the lessee ta an appor-
tioBment of the rent.
The authorities are Dot uniform
upon this question. In the case OF
Bussman vs.. Sanster, :, PENNSYLVANIA
street. a lot and building with conn-
tiers, shelving and other fixtures were
leased for sum in gross The build
ing and fixtures having been DESTROYED
by FIRE, All apportionrneut Of rent was
sought and denied. Sharswood. JUS
tice. speaking for a majority of The
court, said: In the case OF lease
OF nouse with chattels, where the
chatte.s are ali DESTROYED without
fault OF the tenant. the better opinion
seems 10 be that it affords no ground
of defense pro saaio Hut the anthori-
ties cited 90 not bear him out in this
opinien." The South Carolina case of
Coogan VS.. Parker. reported In the
sixteenth American reports, is still
more to the pcii I. containing al able
reviews OF all the authorities. and by
reference To that case il will be seen
that many able courts have denied the
correctness OF Mr.. Wiestling's
general proposition. But, however,
The Law may be where a tenan. leases
a whole building, the great majority
OF the tenants recently burned ont
had only part of the building in
which they respectively were. Such
was the case tried Yesterday in the
Justice court. and 10 that case and all
others like it, when the tenant had
only room or floor, different rule
of IaS applies than when the tenant
leases the whole building In the
former case when tire building burns
the thing leased Is gone, the relation
OF landlord and tenant ceases and the
rent stops. There Is no doubt about
that. The authorities are al collected
and ably reviewed ia the Alabama
case OF Mcmillan VS.. Solomon. re-
ported in the 9th American decisions.
and such statute as New York has
does not alter the common Law rssie-
t;roves W. Dertion. 2sih New York
court of appeals. / am not now argss-
ing that tenant in such case can ar
cannot recover for the time between
the Ere and the expiration Of the
month, whele he paid The rent IN adj
vance. The lsw VIII be argued and
settled in the proper place The courts.
Ii Is p-uhstiy true that there - no AL
iadicstea American case sqaareiy ia
point, and. after ali. IL may he neces-
sary Ia 20 to the law, IS laid down by
the English courts in the English COM
mon inv reportsto settle the question.
80 the reporter was vastly nearer being
correct than Is Mr.. Wrestling.
The supreme court Of South Caro-
lima in I'll. case referred to, have this
10 say in case neariv analogous toths
class in question; The ground OF dis
finction must be the TACT that the
structure bears such relation, II poiE;
% fitness arsd value for the use con
EeznT4zted hy the lease a 70 give .iss
10 the confusion that the building
Hsre the main element 81 the cofssis-
Grafton en- which the agreement 70 pas
rent xas based. suSh y conclusion /.
+ in accord aith the sense q Justice hs
which the mass Of the people are IN
finencei. and one reason xhy ques
+ tons Of this character arg, alter al
20 fss ia narRber among the reported
eases. i that the sense OF Jastiee hsi
/ Influenced inc public mind 10 such AZ
extent rs TO bring Them 10 reason
aisle solution without al spE.ea! 30 III
.s,sur4S agnnsz u BLAZE.