McLeod v. Russell

Citations

• 59 Wash. 676
• 110 P. 626
• 1910 Wash. LEXIS 1260

Syllabus

<p>Appeal — Review-—Harmless Error — Striking Answer. Error in striking an affirmative defense in an answer is harmless where the court ruled that the defense was fully presented by the denials in the answer and allowed the parties to show the facts.</p> <p>Landlord and Tenant — Lien on Crops — Statutes—Real and Personal Property. Under Rem.. & Bal. Code, § 1188-, providing that a landlord shall have a lien on the crops grown upon the demised land for the rents accrued and accruing and “for the faithful performance of the lease,” a landlord’s lien for rent may be enforced upon crops under a lease renting both real and personal property, where the personal property was a span of horses and work harness leased to be used on tbe premises in carrying on and conducting tbe place during tbe term.</p> <p>Same — Rent—Action—Defenses. Tbe entire rent is not forfeited by failure of tbe lessor to deliver all of tbe leased property at tbe time agreed upon, as it could only defeat a recovery of the rent pro tanto.</p> <p>Same — Lien on Cbops — Time fob Filing Lien — Statutes. Under Rem. & Bal. Code, § 1190, providing that a landlord’s lien on crops for rent shall be filed within forty days after tbe expiration of each year of tbe lease, a lien may be filed after tbe rent has accrued not later than tbe time fixed, and is not void as premature because filed before tbe expiration of tbe year.</p> <p>Same — Rent—Defenses—Eviction. An entry made by a third person with tbe consent of tbe lessee does not amount to an eviction, avoiding tbe payment of rents, merely because tbe landlord also consented to tbe entry.</p>