Olson Land Co. v. Alki Park Co.

Citations

• 63 Wash. 521
• 115 P. 1083
• 1911 Wash. LEXIS 1238

Syllabus

<p>Appearance — Process—Defects—Waiver — Unlawful Detainer. A defect in' a summons in unlawful detainer, in not requiring tbe defendant to appear within fifteen days, as required by statute, is waived by a general appearance.</p> <p>Landlord and Tenant — Notice to Quit — Sufficiency. A notice to quit for default in the payment of rent is sufficient without a computation of the rent, where it designates the months for which rent is due.</p> <p>Landlord and Tenant — Eviction—Eminent Domain. There is no eviction by a taking of part of the leased premises under the power of eminent domain, as the tenant must seek his damages in the condemnation proceedings; and it is immaterial that the lease provided that in case the premises were condemned the lessee should vacate within thirty days.</p> <p>Judgment — Res Judicata — Eminent Domain, A judgment in condemnation proceedings that a tenant was not entitled to compensation because of a stipulation in the lease agreeing to vacate within thirty days if the land' was condemned, is conclusive on the tenant, in the absence of an appeal.</p> <p>Landlord and Tenant — Recovery of Possession — Failure to Pay Taxes — Unlawful Detainer. The failure of a lessee to pay taxes, as agreed in the lease, entitles the lessor to maintain unlawful detainer.</p>