Owens v. Swanton

Citations

• 25 Wash. 112
• 64 P. 921
• 1901 Wash. LEXIS 368

Syllabus

<p>LANDLORD AND TENANT — FORCIBLE ENTRY AND DETAINER — COUNTERCLAIM FOR DAMAGES.</p> <p>In an action of forcible entry and detainer, tbe defendants cannot, by way of cross complaint, set up a claim for damages by reason of tbe wrongful issuance of tbe writ of restitution, but are relegated to an action on tbe bond given by plaintiff to secure sucb writ.</p> <p>SAME ■ — ■ UNAUTHORIZED LEASE BY AGENT-RATIFICATION.</p> <p>Tbe acceptance by tbe owner from a tenant of rental stipulated for in a lease made by an agent having no express authority therefor, does not amount to a ratification of tbe full terms of tbe lease, where tbe tenant was immediately notified of tbe repudiation of the lease and that he could remain in possession only under a monthly tenancy.</p> <p>SAME-EVIDENCE,</p> <p>The refusal of the court to- admit in evidence, in an action of unlawful detainer, a lease purporting to be executed by an agent of plaintiff is proper, where there is no proof of the agent’s authority nor of the subsequent ratification by the principal.</p>