Tipton v. Roberts

Citations

• 48 Wash. 391
• 93 P. 906
• 1908 Wash. LEXIS 878

Syllabus

<p>Landlord and Tenant — 'Recovery oe Possession — Actions — Pleading- — Answer oe Payment. In an action of unlawful detainer against a tenant, an answer is not demurrable as pleading a counterclaim, but in effect pleads payment of rent, where it alleges an agreement on the part of the landlord to make certain repairs, a failure on his part to do so, the making of the repairs and paying therefor by the defendants, and payment of the balance of the rent after deducting the cost of the repairs, and that the checks given in payment of rent were retained by the plaintiff for two months and until after commencement of the action.</p> <p>Same — Evidence oe Payment — Sueeiciency. In an action of unlawful detainer against a tenant for nonpayment of rent, a finding of full payment is supported by evidence that all rents due were paid, less the amount paid for repairs which the landlord had agreed to pay, and that a receipted bill for the repairs was given to and retained by the landlord’s agent.</p>