91 W. Va. 127 | W. Va. | 1922
This writ of error was awarded to defendants (plaintiffs in error) from a judgment of the circuit court in an action of unlawful detainer, awarding to plaintiff (defendant in error) the possession of a lodge room on the third floor of a building in Welch and $320.00 damages for its detention.
Plaintiff, a corporation, owned a business building in the-city of Welch, and Judge Strother a stockholder and officer of the corporation had the building in charge for rental purposes. A room on the third floor becoming vacant, Judge-Strother authorized Blakely, a real estate agent, to procure-a tenant for that room. Blakely told Strother that he could rent the room to the Moose, for lodge purposes. This was in the month of January, 1919. In the latter part of that month Judge Strother went to Florida and returned to Welch the-following April. During his absence, custody of the building, rental of rooms therein that might become vacant, and collection of rents, was delegated by him to Blakely. His instructions were to rent none .of the rooms, including the-one on the third floor now in controversy, for a period longer than two years. Blakely approached Walker, a member of Welch Lodge No. 1094, Loyal Order of Moose, and proposed to rent the third floor vacant room to that-body as a lodge room, and after some negotiations executed a written contract of lease therefor on behalf of plaintiff corporation in which the lessee, Loyal Order of Moose, was to pay $40.00 per month for a period of one year from February .1st, 1919, and from year to year thereafter for an additional period of four-years, or until February 1st, 1924, with the privilege of terminating the lease at the end of any year by giving notice to the.lessor, thirty days prior thereto. The written lease is. signed by plaintiff company, by J. W. Blakely, and by Welch
Plaintiff bases its right to recover possession by repudiation of the written contract executed in its name by Blakely, its agent. No authority was given Blakely to contract for a rental period of more than two years; Judge Strother and Blakely both so state. Blakely says Walker would not take the room unless he was protected by a written contract, and not being able to rent it to them otherwise, he executed the lease, as stated. The Moose was then occupying comfortable quarters in another building, where its tenancy had not expired, and after moving into the room in question continued to pay rental on its former lodge room for several months, and until the expiration of its lease at the former place. The record discloses no material dispute of fact. There being no dispute of fact, a proper application of law settles the controversy. The ownership of the room by plaintiff; the authority of Strother to rent it, the agency of Blakely for that purpose in Strother’s absence; the authority of Blakely to make contract of rental for not more than two years; the execution of written lease for one year with privilege of four years more; the occupancy of defendants thereunder for two years with prompt payment of monthly rent; the lodging of the written lease in Strother’s office all this while; his want of knowledge of the terms of the lease, for failure to read it; and notice to vacate, are all well established. There is no conflict in the evidence on these outstanding controlling facts. On motion of plaintiff the jury was instructed over objection of defendants that Blakely, as agent, had no right to
Reversed and remanded.