69 P. 822 | Or. | 1902
after stating the facts, delivered the opinion of the court.
The complaint is based upon the theory of a refusal upon the part of Crow and his executors, at the expiration of the term, to renew the lease for a like term of 10 years. Parker saw Crow but once, however, with reference to the leasé, which was about a year prior to his death, and more than four months prior to the expiration thereof; and although he testified that he wanted to make some improvements, and get the lease renewed, it is not developed what Crow said or agreed to at that time, or whether or not he encouraged plaintiff to believe that he would accede to his wishes, or flatly refused him. In other words, the result of the conference is in no way made to appear, and it is not shown that the parties came to any understanding whatever in modification of or in respect to the agreement then in force. There appears to have been no other effort on the part of Parker to adjust the matter until after the expiration of the lease; the next being, as he said, a little before Crow’s death, who being unable to talk about the matter, the conference was had with Page, who had been appointed to look after his business. Other efforts followed, after this, with the executors and heirs of the deceased, and all with the same result, — that no agreement was arrived at, — and in the meanwhile plaintiff continued in possession, and paid the rent, as before, and Crow and his representa
It is further insisted that the plaintiff remained in possession pursuant to an agreement that his so holding over was not to be construed as a waiver of his claim for the value of the improvements. The testimony, however, has no tendency to the establishment of such an agreement. The only conference Parker had with Crow with reference to the lease was, as we have seen, about a year prior to his death, but it is not shown that they came to any or different understanding then; and, without more, Parker continued in possession after the term, paid his rent, and the same was accepted, and so it continued for about two years or more. Other efforts to arrive at a settlement were had with the executors, but no such efforts appear to have been made until after the expiration of the lease, and it is probable that at the
It is further urged that the term “continued” by intendment of the parties means “renewed,” and should be so read in the lease, and, thus read, it signifies a renewal of the original term of 10 years. This would be a strained and unnatural construction of the term, as in its ordinary sense it has appropriate application in the connection in which it is employed. The lease is essentially continued under a tenancy from year to jear. In either event, there could be no holding absolutely under the old lease. The relationship would be continued by a holding over, thereby creating a tenancy from year to jear, as well as by a renewal, which would be the creation of a new term; so that the word “continued,” in its ordinary signification, is appropriate in characterizing any continuance which may be had by mutual agreement of the parties; and we must give it that meaning here. The context or a construction of the agreement by the four corners calls for none other. In arriving at this conclusion, we have not overlooked the case of Phillips v. Reynolds, 20 Wash. 374 (55 Pac. 316, 72 Am. St. Rep. 107). In that case, however, the lessors agreed that at the expiration of the term they would buy the buildings or extend the lease. They attempted to relieve themselves of the obligation by granting an extension for one day, and the court very properly said the act was not within the purview of the contract, and, construing it as a whole, declared that by the intendment of the parties there should be a renewal for another term of twelve years. The lessors would not so much as afford the opportunity of a tenancy from, year to year, and arbitrarily fixed a nominal limit for a new term; so that there is no such analogy between that case and this as to establish a