O'Connor v. Enos

Citations

• 56 Wash. 448
• 105 P. 1039
• 1909 Wash. LEXIS 923

Syllabus

<p>Pleading — Amendments—Trial—Stipulated Facts. Upon a trial upon stipulated facts, the complaint is deemed amended to conform to the stipulation.</p> <p>Frauds, Statute oe — Oral Leases. An oral lease entered into in May, 1904, for the cropping season of 1905, is void hy reason of the statute of frauds.</p> <p>Same — Oral Lease — PaRt Performance. Taking possession of land under an oral lease for the next season, plowing, cultivating, and .summer fallowing the land, is such part performance as to take the same out of the operation of the statute of frauds.</p> <p>Covenants — Against Encumbrances — Breach—Lease. The unexpired term of a valid lease, subsisting at the date of the execution of a deed, is an encumbrance and a breach of covenants of warranty, and entitles the grantee to damages.</p> <p>Covenants — Against Encumbrances — Notice of — Estoppel. Notice of an outstanding lease does not estop the grantee from recovering damages for breach of covenants against encumbrances.</p> <p>Evidence — Parol—To Vary Covenant. Parol evidence is inad- • missible to show an exception which would destroy a plain unambiguous covenant against encumbrances.</p> <p>Judgments — Matters Concluded — Covenants — Actions — Defenses. A judgment against grantees in their unsuccessful attempt to recover possession of the granted premises from tenants of the grantor in possession, does not show that there was no breach of warranty hy reason of the unexpired lease, where the court held that there were additional reasons why the plaintiffs could not recover in that action.</p> <p>Covenants — Against Encumbrances — Measure of Damages. Upon a breach of covenant of warranty against encumbrances by reason of an unexpired lease, the measure of damages is the. rental value of the premises during the withholding.</p> <p>Same — Expenses Incurred — Estoppel. Upon a breach of covenant of warranty against encumbrances by reason of an unexpired lease, the grantee cannot recover the costs incurred in a