Johnson v. Norman
| Decision Date | 18 September 1917 |
| Docket Number | 14159. |
| Court | Washington Supreme Court |
| Parties | JOHNSON v. NORMAN et al. |
Department 1. Appeal from Superior Court, Yakima County; Thomas E Grady, Judge.
Action by Bertha B. Johnson against W. S. Norman and another. From a judgment for plaintiff, defendants appeal. Affirmed.
Allen Winston & Allen, of Spokane, and Rigg & Venables, of North Yakima, for appellants.
H. J Snively, of North Yakima, for respondent.
On May 29, 1907, resoondent, the owner of a hotel property at Yakima, leased the same to appellants for a term of 50 years. Rental for the first 5 years was fixed in the lease, rental for the remainder of the term stated to be determined by an appraisement of the property and the fixing of the rental at a sum which would net 6 per cent. on the valuation; such appraisement was to be every 5 years. The lease further provided that within the next 10 years the lessees might assign the lease to any firm or corporation in which they held a controling interest. On June 1, 1907, the Normans organized a corporation known as the Yakima Hotel Company, and assigned the lease to it. Arrears of rent being unpaid, this action was brought against the Normans and against the hotel company. Judgment went for the plaintiff below, and the Normans appealed.
The appeal is based upon two grounds: First, it is contended that it was understood at the making of the lease that the Normans were only nominal parties, and that the real lessee was to be the hotel company, subsequently to be organized, which was to take an assignment of the lease. The record does not support this contention. The Normans were well known and apparently successful hotel men, conducting a number of hotels in this state, and it is apparent that their reputation and ability as hotel men were large factors in the obtaining of the lease. While Mrs. Johnson had no objection to the Normans conducting the hotel as individuals or as a corporation, it is plain that she never consented to release them from the obligation to pay rent, and, irrespective of the name under which the hotel was conducted, to her the real and responsible parties were the Normans. So far as the law is concerned, it is admitted by appellants that the mere assignment of the lease and the acceptance of rent from the hotel company did not release the Normans; they seek that release on what they contend was the general understanding...
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Abbott v. Bob's U-Drive
...connected, and reflect upon each other.' See also, Florida Yacht Club v. Renfroe, 1914, 67 Fla. 154, 64 So. 742; Johnson v. Norman, 1917, 98 Wash. 331, 167 P. 923; North Coast Ry. Co. v. A. A. Kraft Co., 1911, 63 Wash. 250, 115 P. We hold, therefore, that the possession of Continental and B......
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National Bank of Commerce of Seattle v. Dunn
...were Before the court in the cases cited that those decisions are here controlling. Appellants also rely upon the cases of Johnson v. Norman, 98 Wash. 331, 167 P. 923, Medgard v. Shimogaki, 135 Wash. 527, 238 P. 574. The case of Puget Mill Co. v. Kerry, 183 Wash. 542, 49 P.2d 57, 100 A.L.R.......
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OTR v. Flakey Jake's, Inc.
...208 (1934); Huston v. Graham, 169 Wash. 521, 14 P.2d 44 (1932); DeLano v. Tennent, 138 Wash. 39, 244 P. 273 (1926); Johnson v. Norman, 98 Wash. 331, 167 P. 923 (1917). Furthermore, in addition to contractual liability, it follows from this analysis and the preceding authorities that if the ......
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Huston v. Graham, 23620.
... ... the assignment, nor release of the lessee. The contention of ... the appellants cannot be sustained. Johnson v ... Norman, 98 Wash. 331, 167 P. 923; De Lano v ... Tennent, 138 Wash. 39, 244 P. 273, 45 A. L. R. 766; ... Medgard v ... ...