Richards v. Redelsheimer

Citations

• 36 Wash. 325
• 78 P. 934
• 1904 Wash. LEXIS 557

Syllabus

<p>Common Law — Statutes. The common law of England, as adopted by the territorial law of 1863, continues to be the law of this state, except so far as modified by statute.</p> <p>Frauds, Statute of — Leases—Oral Agreement 'fob Lease. Under the English statute of frauds an oral agreement for a lease would be a lease at will only.</p> <p>Same — Common Law. Bal. Code, § 4517, providing that contracts evidencing any incumbrance upon real estate shall be by deed, modifies the common law respecting oral leases for less than one year.</p> <p>Same — Leases fob Less Than One Year. Bal. Code, § 4568, providing that leases for less than one year may be in writing, without seal or acknowledgement, modifies § 4517 providing that they shall be by deed.</p> <p>Same — Special Provisions not Controlled • bt General Act. Bal. Code, §§ 4517 and 4568, respecting leases for less than one year, being special statutes, are not affected by the general statute of frauds, Bal. Code, § 4576, which, consequently, can have no application to leases of real property.</p> <p>Same — Leases for Less than One Year — Common Law Superseded. The English statute of frauds is entirely superseded by our statutory enactments, and an oral lease of real estate for less than one year is within our statute of frauds and void, and the same is not a lease at will, as under the English common law.</p> <p>Same — Oral Agreement to Execute a Lease. There is no distinction between an oral agreement to execute a lease of real estate and an oral lease, and they are both within our statute of frauds.</p> <p>Same — Lease erom Month to Month. If an oral lease is good at all, it is as a lease from month to month, under Bal. Code, § 4569, and then only upon such part performance, by delivery of possession, as will take the same out of the operation of the statute of frauds.</p> <p>Lease — Real or Personal Property — Building to be Moved to Certain Lot. An oral lease of a building, which was to take effect only when the buil