Coliseum Investment Co. v. King County

Citations

• 72 Wash. 687
• 131 P. 245
• 1913 Wash. LEXIS 1539

Syllabus

<p>Actions — Form—Legal or Equitable — Relief. In an action for a conversion, commenced as an equitable proceeding, relief at law will not be denied because of the form of the pleadings.</p> <p>Counties — Liability fob Conversion — Defenses. In an action for the conversion by a county of improvements on leased property, which were to be appraised and paid for, it is immaterial whether the county commissioners declined to arbitrate, or whether they had not the power, since the county was liable for the value of the property converted in any event.</p> <p>Landlord and Tenant — Improvements by Tenant — Compensation —Conversion. Under a lease of county property giving the tenant a right to remove improvements if the lease is terminated on 60 days’ notice, and providing for a two years renewal if the property be not required for immediate use by the county, in which case the improvements were to be appraised by arbitrators and paid for at the appraised value, the tenant is entitled, upon holding over during the two-year renewal period without notice of termination having been given, to recover the appraised value of the improvements at that time, converted by the county upon refusing to arbitrate the appraisal or to allow the improvements to be removed.</p> <p>Same — Improvements by Tenant — Compensation—Conversion— Measure of Damages. Where a lease provided that improvements by the tenant should be appraised and paid for, and the landlord converted the same at the termination of the lease, and thereafter leased the same and collected rents, the measure of damages is the value of the improvements for rental purposes at the termination of the lease, and the use to which they were put may be considered; but it is error to give judgment for the rents collected.</p>