Snyder v. Harding

Citations

• 34 Wash. 286
• 75 P. 812
• 1904 Wash. LEXIS 349

Syllabus

<p>Landlord and Tenant — Ejectment—Lease not Executed by Wipe — Acceptance op Rents — Rescission op Lease — Findings op Fact — Conclusions op Law When Supported. In an action to recover possession of premises from a former tenant under a lease wbicb was invalid because not joined in by the wife and another joint owner, in which the court finds at the request of the defendant that rent was received thereunder so that the wife and joint owner might be estopped by the acceptance of rent, a conclusion of law that the lease is invalid is supported by the further finding to the effect that the lease had been subsequently mutually rescinded, since such conclusion is not based wholly upon the non-execution of the lease.</p> <p>Same — Rescission of Lease by Action to Compel Conveyance — Acceptance of Rescission by Suit to Recover Possession. Where a tenant in possession begins an action for specific performance of an alleged contract of sale to him, he rescinds the lease, and an action to recover possession by the landlord is an acceptance of such rescission, and the rescinded lease gives the tenant no standing in court.</p> <p>Same — Rescission of Lease — When Within Pleadings. In an action to recover possession of premises in which the complaint alleges that defendant is in wrongful possession, claiming some interest in the land, and the answer sets up a lease, and the reply avers facts showing a mutual rescission of the lease, the feature of the rescission of the lease is within the issues properly presented by the pleadings.</p> <p>Same — Defendant Not a Tenant — Pleadings—Restitution. In such a case the action does not fail on the ground that it was prosecuted against defendant as a tenant, because a writ of restitution issued, where the complaint does not allege that defendant was a tenant, since Bal. Code, §5500, authorizes such an action against one not a tenant.</p> <p>Ejectment — Joint Owners — Parties Plaintiff — Unity of Title. In an action for the recovery of pr