Hutchinson Investment Co. v. Van Nostern

Citations

• 99 Wash. 549
• 170 P. 121
• 1918 Wash. LEXIS 673

Syllabus

<p>Appeal—Review—Harmless Error—Pleadings. Error in refusing to strike from the pleadings is harmless where the court clearly instructed the jury as to the exact issue in such manner that it could not he misled.</p> <p>Landlord and Tenant—Lease—Breach—Nuisance—Evidence— Admissibility. Upon an issue as to whether there had been a breach of the clause in a lease that the lessees’ business should be so conducted as not to create a nuisance or arouse criticism among other tenants, evidence as to the reputation of the lessees’ business is admissible.</p> <p>Same. In such a case, it is not admissible to show that the unlawful sale of intoxicating liquors by employees conducting the business had been without the knowledge and contrary to the orders of the lessees.</p> <p>Same—Lease—Breach of Condition — Waiver—Acceptance of Rent. Where an answer in unlawful detainer alleged acceptance of rent since notice to quit, a reply that the rent was accepted under an agreement that it did not waive the right of action, raises an issue for the jury upon conflicting evidence.</p>