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STABBERT v. ATLAS IMP. DIESEL ENG. CO.

No. 31789.

39 Wn.2d 789 (1951)

238 P.2d 1212

C.F. STABBERT et al., Appellants, v. ATLAS IMPERIAL DIESEL ENGINE COMPANY, Respondent.

The Supreme Court of Washington, Department Two.

December 20, 1951.

Attorney(s) appearing for the Case

Paul M. Anderson and Wright, Booth & Beresford, for appellants.

Jones, Birdseye & Grey, for respondent.

OLSON, J.

A trial to the court resulted in a judgment dismissing appellants' action to recover rent claimed under a written lease of certain real estate.

The demised premises were the property of the marital communities composed of C.F. Stabbert and Roberta Stabbert, his wife, and Fred Stabbert (now deceased) and Elizabeth Stabbert, his wife. Respondent took possession of the property on July 1, 1947. The lease in issue, providing for

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