Tryon v. Davis

Citations

• 8 Wash. 106
• 35 P. 598
• 1894 Wash. LEXIS 20

Syllabus

<p>LANDLORD AND TENANT — LEASE BY ONE SPOUSE OF COMMUNITY LAND — RESCISSION BY LESSEE — ACTION FOR RENT — DEFENSES — EVIDENCE.</p> <p>Before a lessee can elect to rescind a lease of community real estate, which has been executed by but one of the spouses, he must give the contracting party an opportunity to furnish a contract legally executed.</p> <p>In an action upon such a lease to recover rent, an answer setting up that defendant “notified the plaintiff of the defect in said lease and that he would no longer hold or occupy said premises under the same, and that he was ready then and there to surrender to the plaintiff possession of said premises or to pay hito a reasonable rental for the use and occupation of the same from month to month while occupying the same,”is not sufficient to constitute a defense.</p> <p>Neither under such affirmative defense nor under the general issue is evidence admissible that defendant notified plaintiff’s agent for the collection of rent that the lease was void and that defendant would no longer occupy the premises under it.</p> <p>In an action to recover rent under the terms of a lease, proof of the lessor’s ownership of the premises is unnecessary.</p>