Tregoning v. Reynolds

JAMISON, J., pro tem.

This action was brought by plaintiff to recover from defendants unpaid rent. Judgment was rendered for plaintiff. Defendants moved for a new trial and for an order vacating the judgment, and said motions being denied, they appealed. This appeal was brought up on the judgment-roll alone, although evidence was introduced at the trial.

Respondent alleges in her complaint that on the eighteenth day of August, 1927, she leased to appellants for the term of five years 600 acres of land at an annual rental of $1800, said rent payable in advance as follows: $900 on October 1, 1927, and $900 on the first day of April, 1928, and $900 on the first day of October and April of each year thereafter.

Appellants answered, alleging that the respondent, while appellants were occupying the said premises as lessees, entered into and upon said premises and burned down the slaughter-house and tallow-press, entered into and took possession of a dwelling-house, both of which were located on said leased premises, and entered upon said premises and removed wood and gravel therefrom, and made repairs upon said dwelling-house, and assumed possession and control thereof; and by way of cross-complaint alleged that they were damaged by the said acts of plaintiff in the sum of $600, and asked judgment therefor.

Respondent answered the said cross-complaint; admitted that she burned the said slaughter-house; but alleged that this was done with the consent of' the tenants.

[156]

The court found the appellants failed to pay the installment of rent that was due April 1, 1932, and that on or about that date they voluntarily abandoned the said premises. That respondent did not consent to nor accept the surrender of same, but that for the purpose of minimizing the damage caused by the said abandonment, and with the consent of appellants, she relet said premises and received payment for such reletting in the sum of $187.50. That about April, 1931, she destroyed said slaughter-house because it was so old and out of repair as to be unsafe for use and could not be restored. That she did not take possession of any dwelling-house on said premises, but simply repaired an old unoccupied dwelling-house. That by and with the consent of appellants a third person built a cabin on the said leased premises and occupied same, removed driftwood from the beach in front of said premises, and also rock and gravel from a quarry thereon.