Western Union Telegraph Co. v. Hansen & Rowland Corp.

The appellee is seeking to recover from the appellant a statutory penalty for unlawful detainer of real property as defined by the laws of the State of Washington.

The facts have been stipulated and are briefly as follows:

The appellee was the owner of certain premises at Tacoma, Washington. Up to and including October 31, 1946, the appellant was the lessee of those premises, in lawful possession thereof under a valid lease as extended.

On July 24, 1946, the appellee sent to the appellant a notice declaring the former’s intent to terminate the lease at the end of its term, October 31, 1946.

On September 25, 1946, the appellee sent to the appellant a notice “requiring” the latter “to quit and surrender” the premises “at the expiration of your tenancy on the first day of November, 1946”.

On October 8, 1946, the appellant orally notified the appellee that it was unable to vacate the premises on October 31, 1946, whereupon the appellee orally advised the appellant that $750 per month was “a reasonable rental value of said premises”.

Thereafter the appellant received a letter, dated October 8, 1946, from the appel-lee, notifying the appellant that it might continue “possession…