Bond v. Chapman

Citations

• 34 Wash. 606
• 76 P. 97
• 1904 Wash. LEXIS 391

Syllabus

<p>Landlord and Tenano — Notice to Quit — Sufficiency. A notice to quit is not objectionable as not signed by the owner, where it appears that the notice was prepared by a clerk of the authorized agents, who submitted it to the agents, and signed the agents’ and owner’s names by authority of the agents, since the material thing is the giving of the notice.</p> <p>Unlawful Detainer — Affirmative Defense of Agreement to ■Convey — Matters Already Litigated — Equitable Defenses Inadmissible. In an action of unlawful detainer brought against a tenant in possession holding over after notice to quit, an affirmative defense, which sets up an agreement to convey the premises to the defendant, with the right of possession until conveyance is made, is properly excluded where it appears that the matters involved had already been litigated and decided adversely to defendant; and also, because it is an equitable defense, which can not be interposed in an action of unlawful detainer.</p> <p>Same — Double Damages. In an action of unlawful detainer, Bal. Code, § 5542, authorizes the entry of judgment for double damages where the unlawful detainer is made after default in the payment of rent.</p>