32 Wash. 383 | Wash. | 1903
The opinion of the court was delivered by
This action was brought by respondent against appellants to recover possession of the second story of the building designated as FTo. 309 Occidental avenue, in the city of Seattle, which it is alleged is unlawfully detained by appellants. The cause was tried before a jury and a verdict was returned that respondent is entitled to restitution of the premises, and to recover damages in the sum of $270. Appellants moved for a new trial, which was denied, and judgment was entered in accordance with the verdict. The case is now before this court on appeal from said judgment.
The facts are substantially as follows: The building which contains the floor in question is a three-story brick structure having also a basement floor. On October 30, 1899, the Flew England FTorthwestern Investment Company was the owner of the property, and on said date the said company, in writing, leased the entire building to respondent for a term of two and one-half years from
The verdict of the jury amounts to a finding that respondent’s contention as to the facts is correct. Hnder that theory there could have been no merger. A’ smaller estate
It is argued by appellants that after they began to occupy the second floor the respondent ceased to pay them rent for any but the third floor, and that this fact shows that he surrendered the second floor. Respondent, upon the other hand, claims that since he was obligated under his lease to pay appellants $50 per month, and they, under their sub-lease, were to pay him $30 per month, it was agreed that, to avoid a double payment, the one account should offset the other each month to the extent of $30, and that he should monthly pay the difference of $20. This method he says was pursued for mere convenience in adjustment of accounts. The fact as to the method of payment is in no sense conclusive against respondent, and the
We find no error, and the judgment is affirmed.
Fullerton, O. J., and Mount, Anders and Dunbar, J J., concur.