25 Wash. 112 | Wash. | 1901
The respondent, John R. Owens, in the month of September, 1897, was the owner of a certain brick block known as “ifo. 109 Second Avenue South,” in the city of Seattle, and more particularly described in the complaint. He avers that during said month he leased the three upper floors of said building to Lucien Blum and Marie Blum, his wife, for an indefinite time, with monthly rental reserved, beginning on the 15th day of said month; and that the periods for which rent was payable began on the 15th day of each month, and ended on the 15th day of the succeeding month. On the léth day of January, 1898, respondent, for the purpose of terminating said tenancy, caused to be served upon the said Blum and wife a notice in writing by the terms of which they were notified to quit, and deliver to respondent the possession of the premises, at the expiration of that month of said tenancy which commenced on the 15th day of January, 1898, and ended on the 15th day of February, 1898. The said Blum and wife did not comply with the terms of said notice, but, after the service thereof, delivered possession of the premises to Frank W. Swanton and James H. Laurance, the appellants in this action. Appellants
The first assignment of error is that the court erred in sustaining the demurrer to the cross complaint and claim for damages in the answer. This point seems to have been clearly decided by this court adversely to the appellants’ contention in the following cases. Ralph v. Lomer, 3 Wash. 401 (28 Pac. 760); Phillips v. Port Townsend Lodge, 8 Wash. 529 (36 Pac. 476)_. Appellants’ counsel, in their brief, ask the following question: “Shall they [appellants] be driven to a separate action on respondent’s bond, and, if so, why?” We think that,is their remedy. The forcible entry and detainer statute provides that
“The very object the legislature had in view in enacting the statute under which the appellants were proceeding was to afford a summary and adequate remedy for obtaining possession of premises withheld by tenants in violation of the covenants of their lease, and this object would be entirely frustrated if tenants were permitted to interpose every defense usual or permissible in ordinary actions at law. ... In such proceedings counterclaims and offsets are not available.”
A number of cases from other jurisdictions are there cited. We think the court did not err in sustaining the demurrer to the cross complaint.
The only other error assigned is the refusal of the court to admit in evidence certain papers marked as defendants’ exhibits. It appears that the respondent was at the time of the matter complained of a non-resident of this state, and, being the'owner of the property in question, had placed
*118 “I was very much surprised to learn that he had given a lease because I had written him particularly not to make a lease, at the prevailing low rates of rent at that time, because the Klondike excitement had caused an increase in business here, and rents were advancing, and I criticized his giving the lease. I told him I could not sustain it. I told him he had no authority to give the lease. And he said ‘Well, he had general authority to do the best he could in renting it.’ And I told him that I would permit the tenant to stay there as a month to month tenant, but I would notify him that the lease was invalid, and at the proper time I would take steps to cancel the lease or retake possession.”
This was about the first or second day of October, 1897, —less than a month after the execution of the so-called lease. Whatever may have occurred between Owens and Wiestling at that time, however, Owens testifies that the next day he notified Blum that the lease Wiestling had given was invalid, and that he (Blum) was only a month to month tenant. Later, about the middle of the same month, he notified the Blums in writing to the same effect. This evidence is uncontradicted. Thereafter the Blums paid rent monthly at the rate of $50 per month until notified that respondent desired to terminate their tenancy as aforesaid. It is contended by appellants that the acceptance of rent at the same rate named in the written instrument amounts to a ratification of the terms of the lease, even though it may have been unauthorized in its inception. We think not, under the circumstances shown in the evidence. The Blums were plainly told by Owens, almost immediately upon his discovery that such a paper had been signed by Wiestling, that it was without authority, and that they could remain as tenants from month to month only. They continued thereafter to pay monthly rent until notified, in a proper manner for the termination of a month to month tenancy. Acceptance of rent under
Having thus disposed of the so-called lease itself, the purported assignment thereof was likewise incompetent.
Since we find no error in the record, the judgment is affirmed.