Hockersmith v. Sullivan

Citations

• 71 Wash. 244
• 128 P. 222
• 1912 Wash. LEXIS 730

Syllabus

<p>Pleading — Complaint—Separate Statement of Causes. Under Ballinger’s Code, § 4942, requiring several causes of action to be separately stated, a complaint may be struck out where it pleads as one cause of action, a wrongful eviction from a leasehold, damages by reason of a leaky roof, and injury from change of a street grade.</p> <p>Landlord and Tenant — Quiet Enjoyment — Acts of Wrongdoers. Inasmuch as a lease granting quiet enjoyment does not insure against third parties who are wrongdoers, the landlord is not liable for damages to the leasehold by reason of work done by a city in grading a street.</p> <p>Same — Sublease—Assignment—Acquisition by Landlord — Liability for Rent. Upon a subletting for the full term, which is an assignment pro tanto, the landlord may acquire the interests of the subtenant without incurring any liability except for unpaid rent.</p> <p>Same — Relation—Tenancy from Month to Month. An unacknowledged lease for more than one year creates a tenancy from month to month only.</p> <p>Same — Eviction—Interference With Enjoyment. A tenant in possession who pays rent cannot claim that the landlord’s interference with his enjoyment during occupancy amounts to an eviction.</p> <p>Same — Repairs—Liability. Where the tenant assumes the obligation to repair the building, he cannot recover damages by reason of a leaky roof.</p>