3 P.2d 801 | Colo. | 1931
[1] THIS is an action in unlawful detainer. Judgment below was for the defendants in error, there the plaintiffs. The complaint, filed December 16, 1930, before a justice of the peace, alleged plaintiffs' ownership, lease to the defendant at a monthly rental of $15, failure to pay rent due November 19, 1930, and the service of a *450
notice demanding payment or possession within three days. The first answer was a general denial, the second that in September, 1921, the defendant's husband and the plaintiff Gorsich made an oral agreement of sale and purchase, under which the husband went into possession, built a one-room house, and paid, between that time and his death in 1925, the full purchase price. No replication was filed, but such is not required in actions of this kind.Joss v. Hallett,
The record discloses that from 1921 until the bringing of the action, the defendant resided on the premises involved with the exception of a short period early in 1930. November 18, 1930, the plaintiffs served written notice on the defendant that commencing the next day they would require payment of rent of $15 per month in advance. Testimony of the plaintiffs tended to show the defendant agreed to this demand; the defendant denied she had agreed, but admitted receipt of the notice. There is also evidence refuting the defendant's testimony that the purchase price had been paid. The trial court, upon the evidence so adduced, found that an agreement existed between the parties for the rental of the premises at $15, that the defendant had failed to pay the rent, and was guilty of an unlawful detainer, and gave judgment of restitution.
[2, 3] The defendant argues that she was in possession under a contract of purchase and that the plaintiffs cannot arbitrarily change her status by the service of a notice. She also urges the proposition that under the doctrine of Klopfer v. Keller,
The judgment is affirmed.
MR. CHIEF JUSTICE ADAMS, MR. JUSTICE CAMPBELL and MR. JUSTICE ALTER concur.