Hart v. Pratt

Citations

• 19 Wash. 560
• 53 P. 711
• 1898 Wash. LEXIS 425

Syllabus

<p>LANDLORD AND TENANT — SURRENDER OF LEASE — EVIDENCE — AGENCY — UNLAWFUL DETAINER — DOUBLE DAMAGES.</p> <p>Although a lease for a term of years may be required by the statute of frauds to be put in writing, a writing signed by the lessee and delivered to the reversioner is not necessary in order to effect a surrender of the leasehold interest, if there are acts which are equivalent to an agreement on the part of the tenant to abandon, and on the part of the landlord to resume, possession of the demised premises.</p> <p>A jury is warranted in finding that a tenant surrendered his interest under a lease, when the evidence shows he knew of the sale of the premises, and, after demand that he remove, gave up control of the property, offered to do work about the place in consideration of the use of the dwelling house occupied by him, and declined to leave in the end, on account of a difficulty he had with the purchaser’s agent.</p> <p>A tenant may make surrender of his interest under a lease to the reversioner’s agent, as well as to the reversioner himself.</p> <p>Declarations of a party to the record, not given for the purpose of impeachment, are admissible against him as independent evidence in chief.</p> <p>Under Code Proc., § 564, double damages may be awarded against the defendant in an action of forcible entry and detainer, where there is substantially a claim for such damages stated in the complaint.</p>