123 Wash. 508 | Wash. | 1923
On May 31, 1911, one Julia F. Anthony, then the owner of a certain tract of land situated in the city of Spokane, leased the same to one George H. Martin for a term of thirty years beginning on September 1, 1911, and ending on September 1, 1941. By the terms of the lease, the rental reserved was payable monthly in advance; the amounts, however, were subject to variance during the different periods of the term. For the first five-year period, the sums payable as rental amounted to three hundred and fifty dollars per month, and for the second five-year period, to the sum of four hundred dollars per month. For the second ten-year period the rental was to be five per centum on the fair market value of the premises, to be ascertained at the beginning of the period. For the third or last ten-year period, the rate was to
On September 3,1911, the lessor, Anthony, sold and conveyed the property to the defendant, Ida A. Waterman. The lessee, Martin, shortly after the execution of the lease, sold and assigned it to one Corbin, who, in turn, on or about April 10, 1912, sold and assigned it to the plaintiff Frederick C. Robertson.
After acquiring the lease, Mr. Robertson entered into possession of the property, and between that time and December 1,1912, erected a three-story brick building thereon, with a basement, complying, in so far as the character of the building was concerned, with the requirements of the lease. The cost of the building erected was between forty-five thousand and fifty thousand dollars.
On July 15, 1916, certain agents of the owner, purporting to represent her in the proceedings, served upon Mr. Robertson and the mortgagee of his interests a notice either to pay the rentals and taxes due or surrender the possession of the property to the owner. Mr. Robertson did neither, and on the twentieth day of the same month the agents, in the name of the owner, began an action under the statute of forcible entry and detainer to recover possession. On commencing the action, a writ of restitution was sued out, and under the writ Mr. Robertson was ousted of possession and the property restored to the owner. Later on the cause was brought to trial, which resulted in a money judgment against Mr. Robertson and a forfeiture and cancellation of the lease. Appeal was taken to this court from the judgment, where the judgment was reversed with direction to dismiss the action. Waterman v. Robertson, 103 Wash. 553, 175 Pac. 177. On the return of the remittitur in the appealed cause and the dismissal of the action, the owner tendered possession of the property to Mr. Robertson, which tender he refused.
The present action was instituted in September, 1920, by Mr. Robertson against the owner to recover in damages as for a wrongful eviction. After issue
Many errors are assigned for reversal, all of which have been extensively argued both orally and in the briefs of counsel. The conclusion we have reached on certain of the contentions, however, renders it unnecessary to consider others. The first of these to be noticed is that the respondent has no cause of action against the appellant for a wrongful eviction. This contention is founded upon the opinion of this court rendered in the cause in which the respondent was evicted. The appellant points out that the decision was rested on the ground that she did not authorize the eviction proceedings, hence was a party in name only; and from this premise draws the conclusion that she has been guilty of no wrong which gives rise to a cause of action against her. The appellant made the contention in the court below, and it would seem that it should have been allowed to prevail. That it is a correct interpretation of the opinion, there can be no doubt. While a number of other errors were assigned for reversal of the cause, these were brushed aside as having “little or no merit in law,” and the statement made that the “matter . . . vital and fatal to the action,” was that the at
But the respondent says that the appellant’s acts amounted to a ratification of the acts of the attorneys, and that she by that means made their wrong her wrong. This question is not now open to the respondent. On the former appeal, with all of the facts before the court which now appear on the question, it was urged by the appellant herself that she had ratified the acts of her attorneys, and the question, while not noticed in the opinion of the court, was necessarily, decided. The respondent cannot now have a change: of front. Having prevailed in the former action on the theory that there was no ratification, he cannot prevail in this action on the theory that there was such a ratification.
But there are other and more meritorious reasons why the respondent cannot recover. The first is that he cannot recover, as special damages, for . the value
But, on this question, the respondent’s learned counsel say
“Here are the facts presented upon this question. A building is erected by the respondent on ground owned by the appellant. The building is completed about January 1, 1912. Under the terms of the lease, which was for 30 years, at the end of said time the building would become the property of the landlord. At the date of the wrongful eviction the tenant had therefore had three years and seven months use of the*515 building. The landlord therefore appropriated to her own use 26 years and 5 months use of the. building. Now it cannot be doubted that the landlord has benefited and will benefit to the extent of thousands of dollars by her taking possession of this building. The existence of the building upon her land means that she may get and has been getting substantial returns from it, negligently, carelessly and badly rented as it has been. The question, therefore, presented is: May the landlord permit the tenant, to make valuable improve7 ments upon the landlord’s land, improvements which common sense tells us improves the' actual and the rental value of the laiid immensely, and then take wrongful possession of the land and building and say in court-that the tenant has lost nothing? If this can be done, then indeed is there no justice in the law. ’ ’
It seems to us that this argument is beside the question. The rights of the parties are to be measured by the terms of the lease, and if by the lease the appellant made a good bargain she is entitled to the benefit of that bargain. Measured by the terms of the lease, the appellant gains, by the rule we have announced, nothing more than the terms of the lease award her. The building was to be hers in any event. It was a part of the consideration for the lease, and she- was entitled to it as well as to the rent reserved. When, therefore, she pays to the evicted tenant the excess value of the use of the premises over the rent reserved, she has paid all the loss that the tenant has legally suffered by the eviction, and all that the lease requires her to pay. Surely, neither law nor justice requires her to do more.
The cases cited by the respondent to sustain the conclusion of the trial court we shall not review. Only one (Miller v. Uhlman, 198 Fed. 233), as we read them, tends to support the conclusion. There were facts in the cited case which the learned district judge writing the opinion emphasizes and which are not present here.
Nor can the recovery be justified on any theory of punitive or exemplary damages. Compensatory damages are alone recoverable for any form of wrong in this state, unless the legislature has otherwise specially provided for the particular wrong; and it has not so provided for wrongs of this character. Spokane Truck & Dray Co. v. Hoefer, 2 Wash. 45; Bronson v. Syverson, 88 Wash. 264, 152 Pac. 1039.
The remaining question is whether' the respondents have shown any actual damage. The trial court, as we have stated, found that the lease had no market value at the time of the eviction; that is to say, found that the value of the use of the property for the then unexpired term was not in excess of the rent reserved and payable. The evidence, we. think, abundantly justifies this conclusion. This investment proved unprofitable to the lessee from the start. Between the time of the erection of the building and the time of the eviction, the receipts from the property were less than the fixed charges by more than two thousand dollars; and during the period between the eviction and the time of the trial of the action, the percentage of loss, measured by the same standard,-was 'even greater. The cause"of this is shown, in the record.- The build
The necessary conclusion is that plaintiffs are entitled to recover nominal damages only. The judgment appealed from is reversed and the cause remanded with instructions to enter a judgment to that effect.
All concur.