O'Connell v. Arai

Citations

• 63 Wash. 280
• 115 P. 95
• 1911 Wash. LEXIS 1192

Syllabus

<p>Landlord and Tenant — Unlawful Detainer — Service of Notice —Proof—Trial—Reception of Evidence. Judgment for plaintiff in an action for unlawful detainer will not he reversed on the ground that proof of service of the notice was not made and the notice itself not received in evidence, where the case was reopened to supply the proof and plaintiff testified to making the service, and the notice itself was on file; and a ruling that affidavit of service was not necessary in view of plaintiff’s testimony and the return of the service of notice, shows that the notice on file was not intended to he excluded.</p> <p>Accord and Satisfaction — Part Payment — Acceptance of Check —Evidence—Sufficiency. Accord and satisfaction of rent, due in the admitted sum of $600, is not shown by the retention of a check for $460, sent to the lessor in satisfaction of the rent, with a claim for a reduction in the rent of $140 on account of street obstructions for ten days, where it was not stated that the check should be returned if the claim was not allowed, and the lessor promptly disallowed the claim and demanded the balance of the rent.</p> <p>Landlord and Tenant — Unlawful Detainer — Judgment—Double Rent. In unlawful detainer, Rem. & Bal. Code, § 827, expressly requires judgment for double the amount of rent due, where no damages are claimed.</p> <p>Landlord and Tenant — Lease—Stipulated Damages — Unlawful Detainee. A clause in a lease providing for an initial deposit as stipulated damages in case the lessee does not faithfully pay the rent and perform all the covenants and conditions of the lease, refers only to a violation of the contract, and does not relate to the penalty for unlawful detainer, fixed by Rem. & Bal. Code, § 827, at double the amount of rent due.</p>