Kelley V. Herberg

For many years the plaintiffs have been the owners of a plot of ground at the southeast corner of Sixth avenue and Pine street, in Seattle. On March 17, 1928, they, as lessors, and the defendant J. G. Von Herberg, as lessee, executed a lease for a term of 99 years. A monthly rental of $2,000 was reserved for 4 years and 11 months, beginning June 1, 1928. In addition, the lessee covenanted and agreed to pay all taxes, assessments, and charges of every kind that might become a lien on the property. The lessee further covenanted to erect on the property a fireproof building of not less than three stories, on a foundation capable of carrying six stories. The lease contained a provision permitting assignment upon the completion of the building, free from liens, provided the lessee be not in default in any of the covenants and agreements to be by him kept and performed. There was no provision, however, for the release of the lessee on his obligations under the lease. The lessee erected a building in substantial compliance with the covenant.