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· 10/21/1911

Field v. Copping, Agnew & Scales

Citations

  • 65 Wash. 359
  • 118 P. 329
  • 1911 Wash. LEXIS 928

Syllabus

<p>Trial — Findings op Fact. A finding that plaintiff did not know that defendants were claiming under a lease is a conclusion of law, and is controlled by facts showing constructive notice.</p> <p>Landlord and Tenant — Lease—Validity op Assignment — Consent — Estoppel. The acceptance by the lessor of rent from an assignee of the lessee, with notice of the assignment, is a waiver of the right to forfeit the lease on account of an oral assignment without written consent of the lessor, and estops the latter from asserting the invalidity of the parol assignment.</p> <p>Vendor and Purchaser — Bona Fide Purchaser — Constructive Notice — Possession by Tenant. The actual possession of premises by an assignee of a lessee, is sufficient notice to a purchaser from the lessor to put him on inquiry as to the nature of the tenure by which the possession was held.</p>

Judges: Gose

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