Stanford Land Co. v. Steidle

Citations

• 28 Wash. 72
• 68 P. 178
• 1902 Wash. LEXIS 457

Syllabus

<p>UNLAWFUL DETAINER-COMPLAINT-DESCRIPTION OF PREMISES.</p> <p>A lease of certain premises described them as “the land actually occupied by R. L. McKenzie’s old house, north of Johanna McKenzie’s new house. Said house is about thirty rods southeast of the old Kromer house, on an unrecorded .plat of lands south of Wall street and west of Rucker avenue, known as the Kromer tract, in the city of Everett, Snohomish county, Washington.” In an action for unlawful detainer after the expiration of the lease, the- complaint described the premises in the same terms as the lease. The defendants demurred to the complaint, alleging the insufficiency of the description. Held, that the description was sufficient, inasmuch as it gives the state, county and city, and the tract is described as bounded by well-known streets in the city; especially where it is the same description under which defendants took possession of the premises and if sufficient for that purpose should be sufficient notice of what they were called upon to vacate.</p> <p>SAME-ALLEGATION OF WBONGFULNESS OF DETENTION.</p> <p>In an action of unlawful detainer, it is unnecessary to allege .that defendants unlawfully and wrongfully keep possession of the premises, where the complaint alleges the continuance in possession by defendants after the term specified in the lease.</p> <p>SAME-NOTICE TO QUIT-NECESSITY.</p> <p>Under Bal. Code, § 5527, subd. 1 which provides that, in all cases where real property is leased for a specified term, the tenancy shall be terminated without notice at the expiration of such specified term, notice to vacate is unnecessary where hy the terms of the lease the tenancy has expired.</p> <p>HON SUIT-SUFFICIENCY OF EVIDENCE-PROOF OF CORPORATE EXISTENCE.</p> <p>The corporate existence of plaintiff is established sufficiently as against a motion for non suit where there is testimony of a witness, unobjected to and uncontradicted, that he is president of a corporation, the plaintiff in the case, a