Hinkhouse v. Wacker

Citations

• 112 Wash. 253
• 191 P. 881
• 1920 Wash. LEXIS 731

Syllabus

<p>Husband and Wife (69)—Community Property—Lease by Husband Alone—Validity. An unacknowledged lease of community property, signed by the husband alone, is good only for one year.</p> <p>Landlord and Tenant (134)—Action for Unlawful Detainer— Notice to Quit—Serving and Mailing of Notice. The service of a notice to quit by leaving a copy at the premises with some person of suitable age and discretion is insufficient unless a copy be sent through the mail addressed to the person entitled thereto at his place of residence, as provided by Rem. Code, § 814.</p> <p>Same (135)—Notice to Quit—Time of Service. A notice to a tenant to quit and surrender possession of premises at the end of the yearly tenancy is sufficient to support an action for unlawful detainer.</p> <p>Same (136)—Notice to Quit—Successive Notices—Waiver. The giving of an insufficient notice to quit is not a waiver of prior notices.</p> <p>Estoppel (48, 54)—Landlord and Tenant (12)—Ratification of Invalid Lease. The lessor of premises under’an invalid lease for a term of years is not estopped to deny that the lease was valid for more than one year because he sold horses, feed and grain to the lessee at the time of and after execution of the lease, it appearing that the purchases were an accommodation to the lessee in farming the land the first year, and were not a part consideration for the lease.</p> <p>Chattel Mortgages (3)—Property Subject—Crops on Leased Premises. A mortgagee of crops to he grown on leased premises, who had knowledge that the lessor had served notice terminating the lease for that year, can claim no greater right to the crops than the lessee, since he was not an innocent mortgagee.</p>