Watkins v. Balch

Citations

• 41 Wash. 310
• 83 P. 321
• 1906 Wash. LEXIS 959

Syllabus

<p>Frauds, Statute of — Oral Lease for Term of Years — Part Performance. One who enters into possession of real property, under an oral lease for a term of years is a tenant from period to period in which the rent is reserved, and the tenancy may be terminated by the statutory notice before the end of each such period for which the rent is payable.</p> <p>Same — Performance of Services as Payment of Rent — Neces-' sity of Showing Value to Take Case Out of Statute. An oral lease for the term of five years, in consideration of the services of the tenant in caring for a flock of goats and the performance of labor in clearing the land and making improvements to the value of $100 each year, is within the statute of frauds and creates a tenancy from year to year, unless it is made to appear that the improvements increased the rental value of the premises; and a mere finding that improvements had been made to the extent of $300, is not sufficient to show that the tenants suffer any material injury as to such rental value.</p>