WASHINGTON HYDROCULTURE v. PAYNE

No. 3050-4-III.

26 Wn. App. 40 (1980)

610 P.2d 967

WASHINGTON HYDROCULTURE, INC., Respondent, v. FRANK PAYNE, Appellant.

The Court of Appeals of Washington, Division Three.

April 29, 1980.


Attorney(s) appearing for the Case

Charles C. Countryman, for appellant.

Charles F. Diesen, John A. Rossmeissl, and Velikanje, Moore & Shore, for respondent.


ROE, J.

In 1975, Frank Payne leased "2 Model S-1100 `Magic Garden' Hydrophonic [sic] Units located on lessor's property" from Washington Hydroculture, Inc., in Sunnyside, Washington. The units were fiber glass greenhouses used in growing plants indoors. The following year, the greenhouses were substantially destroyed by fire. The lease provided that:

3. ... During the term of this lease, lessee shall maintain said S-1100 unit; and, upon expiration...

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