Schreiner v. Stanton

Citations

• 26 Wash. 563
• 67 P. 219
• 1901 Wash. LEXIS 688

Syllabus

<p>LANDLORD AND TENANT-UNLAWFUL DETAINER-ACTION BY LANDLORD AFTER LEASE TO THIRD PARTY.</p> <p>A landlord may maintain an action of unlawful detainer against a tenant holding over, although the landlord may have leased the premises to other parties (Capital Brewing Co. v. CrosHe, 22 Wash. 269, distinguished).</p> <p>SAME-MONTHLY TENANCY-WHAT CONSTITUTES.</p> <p>Under Bal. Code, § 4569, which provides that “when premises are rented for an indefinite time, with monthly . . . rent reserved, such tenancy shall be construed to be a tenancy from month to month,” an agreement by a landlord to an assignment of a parol lease for an indefinite period, under which rent was payable monthly; would not create other than a monthly tenancy, where the landlord merely agreed that the assignment was “all right as long as she pays her rent and keeps a straight house.”</p> <p>PARTIES-MISNOMER-WAIVER OF ERROR.</p> <p>The misnomer of defendant is immaterial, where she answers and defends without objection, and judgment is entered against her under her true name.</p>