Noyes v. Loughead

Citations

• 9 Wash. 325
• 37 P. 452
• 1894 Wash. LEXIS 308

Syllabus

<p>PRACTICE IN CIVIL CASES — STRIKING ANSWER — LANDLORD AND TENANT — TENANCY — ACTION UPON INDEMNITY BOND FOR RENT — PLEADING.</p> <p>The action of the trial court in striking an answer from the files and giving judgment on the pleadings, for the reason that the answer had been once ruled as demurrable and had been again filed after the sustaining of a demurrer to an amended answer, will not be disturbed, although such procedure may not be strictly regular.</p> <p>In an action for breach of the covenant in a bond to pay rental for certain premises as provided in a lease between the plaintiff and the principal in the bond, the lease and bond reciting that the tenancy should be for a term of five years commencing upon the completion of the building, about the loth of March, 1890, an answer does not state sufficient facts to constitute a defense when it alleges that the place rented was not completed and delivered within said 15th day of March, and counterclaiming damages upon such alleged breach of contract.</p> <p>A lease of a building in course of construction, for a term of five years after its completion on or about a certain date, the dates for the beginning and ending of the lease being left unfilled, must be presumed as a lease for the term of five years dating from the completion of the building.</p>