Allen v. Migliavacca Realty Co.

Citations

• 74 Wash. 347
• 133 P. 580
• 1913 Wash. LEXIS 2055

Syllabus

<p>Appeal — Review-—Findings. While findings of the trial court on conflicting evidence are of great weight, they are not conclusive on appeal where they are not supported by a fair preponderance of the evidence.</p> <p>Landlord and Tenant — Estoppel to Deny Title — Exceptions— Fraud — Evidence—Sufficiency. While a tenant is not estopped to dispute his landlord’s title when induced to accept the landlord through fraud or misrepresentation, the misrepresentation must relate to a matter not equally within his knowledge and must constitute the inducement to the lease; hence representations that the tenant did not own a building which he knew that he did own, being mere expressions of a legal conclusion on facts known to both parties, do not constitute fraud, in the absence of any relation of confidence between the parties; nor does acceptance of a lease under a threat of eviction constitute duress or fraud so as to relieve from estoppel to dispute the landlord’s title.</p> <p>Landlord and Tenant — Buildings of Tenant — Removal—Estoppel. The tenant’s right to remove a building under the conditions of a lease known to him, is waived, where he silently acquiesced in the claim of ownership by the landlord, accepted a new lease thereof, acknowledged such ‘claim of ownership, and paid rent for the full term; and equity will not relieve from his mistake of law in supposing that he could collect the rent paid; since the principle of law was not doubtful and he was not free from blame.</p> <p>Landlord and Tenant — Rents—Recovery. A judgment for the recovery of part of the rent paid, representing the rental value of a building belonging to the tenant, is not sustained, where the lease made no such segregation, and the amount was greatly in excess of the proportionate value of the building.</p> <p>Judgment — Res Judicata — Matters Concluded. The dismissal of actions for conversion for insufficiency of proof is not conclusive of anything except that the defendant did not convert t