Stahl Brewing & Malting Co. v. Van Buren

Citations

• 45 Wash. 451
• 88 P. 837
• 1907 Wash. LEXIS 490

Syllabus

<p>Landlord and Tenant — Recovery of Possession — Evidence of Tenancy — Sufficiency. In an action of unlawful detainer, upon an issue as to whether defendant, who originally went into possession under an assignment of a lease without the written consent of the lessor as required by the lease, was in possession as tenant from month to month of plaintiff, who had a subsequent lease from the owner, findings in favor of the plaintiff are sustained by evidence that the defendant paid rent to the plaintiff and proffered rental after being notified to leave the premises.</p> <p>Same — Forcible Entry and Detainer — Parties — Action by Lessee Against Subtenant. Under Laws 1905, p. 173, § 3, subd. 6, providing that any person who, without permission of the “owner” or color of title, enters upon the land of another and who fails to remove after three days notice, is guilty of forcible entry or detainer, the action may be maintained by a lessee entitled to possession, against one who was in possession as a subtenant of such lessee, from month to month, and who paid rent to such lessee; the word “owner” not being restricted to the record or title owner of the land.</p>