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

tsoa 81 fhe premises i nox settles
sxws pct ssthsssndsng the orinsan u
Mr.. Wrestling - esnSdeatiy ex.
pressed
In the recsat case Of Mcmillan *
SoacsssAfa 81 Afxsvieaa Diversions fsst
TIE wtese ssltzsrst Is resIewess. the
authorities examined. ansi the rnls
thus stsses by Chief lassixs Maker
cf Alabama
Where there Is a lease IL the saers
Apartments ~ faoa~e. and shssSe
apartments are DESTROYED, the thfne
rented Is gene There a nothing
which is leased ar held in tenancy.
There can be No longer landlord sr,d
tenant TIE relation having ceased
the payment Of ren. ceases. The Land
lord does not warrant that she prem
ises shall be in any particular ccsss.i-
non. but be does warrant that they
shall exist. Again, N the same
opinion, the court says Ii would
ne shocking 70 essr sense CT justice 20
compel = tenant 20 pay rent for =
room OF house scr fxenfy wears
which had been DESTROYED within the
Erst twenty-four hours a. the term.
The rent in this case shouia be appor-
toned TO the time OF occupation he
fore the Ere.
This rule Is supported not only hy
the weight OF the late authorities. bat
the abiess Law writers hsve now len,
il their support II Mr.. Wrestling ill
take the trouble 10 examine the cases
he viii discover that the point OF the
proposition discussed has esexpesi him
entirely. In lease Of lands on which
buildings are situated, the destruction
OF the buildings does not reinyeSt the
lessor with the right or interest de-
missed. but the demise al q room
which Is parcel Of building. Is OF
particular right in the land. bur not of
the land itself; snd when the building
Is Sestrcyed IN the one case the lessee
stall holds the ground covered by the
building as an important part OF the
thing demised, and may If he desires,
rebuild. in the other case the parsica-
lar right OF the lessee i al once vested
IN the lessor. the lessee cannot re-
build. has whole right in the premises
Is terminated, ard no rent Is there
after charreahle against him. Aims
worth W.. Ritz, 81 California Report
-, Graves vs.. Rerian. N New York
<ss. Womack vs.. McQuarrv. y Inai-
sna. It's. Shawaut National Bank VS..
Boston, lis Massachusetts. les, Aus
ten W. Field, Abbott Practice. n. S.
y: Euerger vs. Boyd, 25 Arkansas,
AL.
To these might be added a far
longer list. In the late case of Cham
berlain rs Godfrey. ~ Alabama. page
40, the supreme court of Alshama
says: When the tenement ceases 10
exist, the rent which issues out OF il.
and is but sn incident 10 IL, of neceSs-
ity must cease" Though a Pennsyi-
wanna case is cited by Mr.. Wrestling in
support Of his theory. he strangely
the later case Of Bassman
rs. Gausier, reported in - Pennsyl-
yanis State Report. at page oS5. where
the doctrine for which we contend is
announced. That case.
rs well as the case OF Harrington IS.
Watson. III Oregon, lS3. states the
rule to be: Where there IS lease OF
the mere apartments OF a house. and
those apartments are destroyed, the
thing rented is gone. There il no
longer a landlord and tenant. The
having cea sed. the payment
Of rent must cease. The landlord
ioes not warrant that the premises
shall be in any particular condition.
bat he does warrant that they shall
exist"
The foregoing is the substance OF ali
the latest aud best considered Ameri-
esn eases. They hold that rent is for
The nse of premises, and continues
only during the existence Of the thing
rented. When the land is rented with
the building only as part OF the land.
The destruction of the building does
not destroy the thing rented. bat only
changes IFS condition. The land re-
mains to the lessee. the relation of
landlord and tenant continues, and
though the premises are not ia repair.
10 covenant OF the landlord is broken.
But where only an apartment il rented,
IS destruction leaves no right or in
.eress OF the lessee, and the citation OF
landlord and tenant is dissolved. BY
he contract the tenant either ex-
pres>ly or implicitly agrees to pay the
of rent stipulated, and the
warrants that the room leased
.hali exist during the term. II the
enanf shall fail in his part of the
agreement, the law gives to the lard
ord his action for condition broken.
ais TO keep the room for the use of
he tenant, the law gives the tenant
Iis action for condition broken. and
he measure of his recovery will he the
amount paid for the use OF the prem
SEES. less the time for which they have
been enjoyed.