Capps v. Frederick

Citations

• 44 Wash. 38
• 86 P. 1128

Syllabus

<p>Specific Performance — To Compel Sublease — Lease Taken in Name of Third Person — Real Parties in In.terest. An agreement, as part consideration for the sale of a stock of goods, that the defendants would obtain an extension of their lease of a storeroom then in their possession, and that they would sublease one-half of the room to the plaintiffs for the term of the renewal, will be enforced, and it is not ground for denying specific performance that the court had no jurisdiction over the defendant’s son, a nonresident, in whose name the renewal was taken, and who, at their request, held the lease in his name as their agent; it appearing from the evidence that the son had no interest in the lease or leased property, that the defendants retained and occupied the premises and paid the rent, and were the only real parties in interest.</p> <p>■ Appeal — Review — Interrogatories — Failure to Answer — Default Section 6013, Bal. Code, authorizes courts to grant default judgments upon the failure of a party to answer interrogatories filed, where the interrogatories go to all the issues in the case, and where the refusal to answer may be taken as an admission of the facts at issue, and is not invalid and unconstitutional; and the entry of a judgment thereunder will not be disturbed on appeal when the interrogatories are not brought up, but the presumption will arise that the interrogatories extend to all the issues and that the refusal to answer is an admission of the facts sought to be determined.</p>