Zimmerli v. Waldorf Restaurant Co.

• Decision Date: 27 November 1922
• Docket Number: 17345.
• Citation: 210 P. 801,122 Wash. 383
• Parties: ZIMMERLI et ux. v. WALDORF RESTAURANT CO. et al.
• Court: Washington Supreme Court

210 P. 801

122 Wash. 383

ZIMMERLI et ux. v. WALDORF RESTAURANT CO. et al.

No. 17345.

Supreme Court of Washington

November 27, 1922

Department 2.

Appeal from Superior Court, King County; Wm. D. Askren, Judge.

Action by Frederick Zimmerli and wife against the Waldorf Restaurant Company and others. From a judgment for plaintiffs, both parties appeal. Affirmed.

Ryan &amp Desmond, of Seattle, for plaintiffs.

Guie &amp Halverstadt, of Seattle, for defendants.

HOVEY, J.

Respondents were the owners of certain real property at Bremerton in Kitsap county and appellants were their tenants, or assignees claiming through tenants. On November 4, 1918 (40 Stat 1874), the President of the United States by virtue of an act of Congress (40 Stat. 704) issued a proclamation wherein he asserted that there was military necessity for the government to take possession of certain lands needed for naval purposes, and by the proclamation the possession and title of the property covered by the leases were taken on behalf of the government, and the Secretary of the Navy was authorized to take such steps as might be necessary to compensate the owners of such property. It is assumed by both the parties to this action that by this proceeding full legal title passed from the owners of the property to the government.

In July, 1919, a board of valuation of commandeered property met at Bremerton and took testimony as to the value of the property. In January, 1920, this board made an award of $18,000 as the value of full legal title to the premises, and immediately upon notice of such award respondents accepted the same in writing. The government required, however, a deed of release from the respondents and satisfactory proof that all outstanding liens and incumbrances were satisfied. The lease to appellant Waldorf Restaurant Company expired by its terms on August 14, 1919, and covered the rooms upon the ground floor of the property. The second story of the building was covered by a lease in favor of Harry Swanson and expired by its terms on August 14, 1920. This lease afterwards passed by mesne assignments to the appellants Hendrix.

The government did not take possession of the property until after the expiration of the periods fixed for the termination of the leases, but permitted respondents to retain control of the premises and collect the rents, and the tenants continued in possession under their leases, paying their respective rents to the respondents for the full terms of the leases. These leases were placed of record by the lessees, and the government refused to pay over the award until the instruments should be canceled or releases obtained from the claimed holders thereof. Respondents brought suit to quiet title to the award, and for judgment against the appellants for interest upon the sum of $18,000 from the date of the award as damages for failure to execute releases of their claims. The trial judge entered a decree quieting the title of respondents to the award, but refused to allow any damages, and both parties appealed.

The chief contention of appellants in this court is that there is a defect of parties, in that the United States...