Harris v. Halverson

Citations

• 23 Wash. 779
• 63 P. 549
• 1901 Wash. LEXIS 483

Syllabus

<p>PLEADING-CONCLUSION OE LAW-HOW CORRECTED.</p> <p>The objection that some of. the allegations in a complaint, are conclusions of law must be reached by motion and will not render the complaint subject to demurrer for want of facts, if the insufficiency pertains to the form rather than to the substance of the complaint, and if substantial facts constituting a cause of action can be inferred by reasonable intendment from the matters which are set forth.</p> <p>LANDLORD AND TENANT-ACTION FOR POSSESSION-SUFFICIENCY OF COMPLAINT — ALLEGATIONS AS TO TITLE.</p> <p>In an action by a tenant against a sub-tenant of premises, it is sufficient for the plaintiff to allege that he is the lessee of the premises, without deraigning his title.</p> <p>SAME-TERMINATION OF TENANCY.</p> <p>Under the rule that, as against demurrer, every reasonable' intendment and presumption is to be made in favor óf the pleading, an allegation in a complaint that “said lease began and ended on the first day of each and every calendar month” is equivalent to an allegation of monthly tenancy, beginning on the first of each calendar month; and the allegation as to time of ending is mere surplusage.</p> <p>SAME-NOTICE TO QUIT-SUFFICIENCY.</p> <p>Where notice to quit has been served on a tenant more than twenty days prior to the expiration of his monthly tenancy, as required by statute, the fact that the notice gives him all of the first day of the succeeding month in which to vacate does not vitiate the notice, when the statute does not require the notice to specify that the tenant must remove on the day his tenancy is concluded.</p> <p>INSTRUCTIONS — REFUSAL OF REQUEST-HARMLESS ERROR.</p> <p>The refusal of the court-to give a requested instruction upon the matter of nominal damages is not prejudicial error, when the jury finds only nominal damages in favor of plaintiff.</p> <p>UNLAWFUL DETAINER-ACTION BY SUCCEEDING LESSEE.</p> <p>Where a tenant refuses to give up possession at the expiration of his term