Philips
Philips v. United States
Opinion
Opinion
Mathews, J.
By a lease hereafter called lease A, appellants, Calvin Philips and Calvin Philips & Company, a corporation, trustee, leased to appellee, the United States, two parcels of land (parcels 4 and 5) in Island County, Washington, for the term of one year beginning July 1, 1944, and ending June 30, 1945. Lease A was renewed and the term thereof extended to June 30, 1946. Under lease A, appellee entered upon parcels 4 and 5 on July 1, 1944, and occupied them from July 1,1944, to June 30,1946.
By a lease hereafter called lease B, appellants leased parcels 4 and 5 to appellee for the term of one year beginning July 1, 1946, and ending June 30, 1947. Lease -B was renewed and the term thereof extended to June 30, 1948. Under lease B, appellee occupied parcels 4 and 5 from July 1, 1946, to June 30, 1948.
Paragraph 8 of lease B provided that “the Government [appellee], if required by the Lessor [appellants], shall, before the expiration of this lease or renewal thereof, restore the premises [parcels 4 and 5] to the same condition as that existing at the time of entering upon the same under this lease, reasonable and ordinary wear and tear and damages by the elements or by circumstances over…