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Carr v. Deking

Court of Appeals of Washington
52 Wash. App. 880, 765 P.2d 40 (1988)



Joel Carr (plaintiff) and his father, George Carr, owned land together as tenants in common. They leased the land to Richard Deking (defendant) from 1974 to 1986. The Carrs paid for one-third of the fertilizer crops and received one-third of the annual crop as rent. This arrangement was pursuant to a year-to-year oral agreement between the Carrs and Deking. In 1986, Joel indicated to Deking that he wished to receive rent in cash beginning the next year. Deking did not respond. Instead, Deking entered into a ten-year crop-share lease agreement with George in 1987, without Joel’s knowledge or approval. Under this agreement, Deking was to pay all fertilizer costs. In April 1987, Joel attempted to eject Deking from the land. When Deking refused, Joel brought suit, seeking a declaration that the lease between George and Deking was invalid. Both parties moved for summary judgment. The trial court ruled in favor of Deking, finding that the lease between George and Deking was valid. Before judgment, Joel sought a one-third share of the crop if he acquiesced in the lease. The trial court ruled that Joel was only entitled to one-sixth of the crop and was required to reimburse Deking for one-sixth of the fertilizer costs.

Rule of Law


Holding and Reasoning (Green, J.)

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