Sowle v. Johnson

Citations

• 109 Wash. 218
• 186 P. 255
• 1919 Wash. LEXIS 947

Syllabus

<p>Landlord and Tenant (129, 135)—Unlawful Detainer—Defenses —Waiver by Tender—Time for Serving Notice. Tender of the amount admitted to be due for rent prior to the commencement of an action for unlawful detainer, renewed by bringing the tender into court, waives the tenant’s option in the lease for an extension of time to pay rent, and precludes the defense that the rent was not due and the notice to quit premature.</p> <p>Same (66)—Improvements by Tenant — Liability of Lessor. Where a. pipe line constructed by the lessor was in compliance with the terms of the contract to deliver water on two of the highest points of the land, the tenant is not entitled to a credit upon his rent for the cost of reconstruction to better the service, incurred by him without authority from the lessor.</p> <p>Principal and Agent (39)-—Authority of Agent—Admissibility of Evidence. It is not error to exclude evidence of conversations as to an agent’s authority to bind a lessor by an agreement- respecting improvements, where his authority as an agent had been terminated and he had informed appellants that the lessor refused to do anything in regard to the matter.</p> <p>Landlord and Tenant (89)—Eviction — Waiver — Payment of Rent. In unlawful detainer a partial eviction in the preceding year is waived by the payment of rent on the due date without question.</p> <p>Appeal (375)—Review—Matters Not Before Lower Court. Defendants in unlawful detainer not having pleaded an eviction as a defense, cannot raise the objection for the first time in the supreme court.</p>