Phillips v. Port Townsend Lodge, No. 6

Citations

• 8 Wash. 529
• 36 P. 476
• 1894 Wash. LEXIS 103

Syllabus

<p>STATEMENT OF FACTS — NOTICE OF SETTLEMENT — ACTION OF FORCIBLE ENTR5T AND DETAINER — COUNTERCLAIM AND EQUITABLE DEFENSES.</p> <p>The fact that notice of the settlement of a statement of facts was given prior to the rendition of judgment, is not ground for striking the statement, when the notice designated a day subsequent to the judgment as the time at which the application for settlement would, be made.</p> <p>In an action instituted by a landlord against a tenant for rent, under the forcible entry and detainer act (Laws, 1891, p. 179), an answer setting up a counterclaim on account, of repairs made by the tenant which it was the duty of the landlord to make, is demurrable on the ground that it does not state a defense.</p> <p>Semble: In such an action defendant cannot interpose an answer alleging that in drawing up the lease certain terms thereof were omitted by mutual mistake, and asking that the lease be reformed to express the contract of the parties.</p>