Corman v. Sanderson

Citations

• 72 Wash. 627
• 131 P. 198
• 1913 Wash. LEXIS 1527

Syllabus

<p>Landlord and Tenant — Unlawful Detainer — Action on Bond— Defenses — Surrender. Tbe defendant in an action of unlawful detainer did not voluntarily surrender tbe premises, so as to preclude action on tbe bond for restitution, where sbe failed to bave entered an order increasing tbe plaintiff's bond, after tbe court bad granted a motion tberefor, and tbe plaintiff took advantage of tbe situation, stood upon tbe bond already given, and directed execution of tbe writ, whereupon tbe defendant moved out under tbe threat that her goods would be thrown into tbe street.</p> <p>Same — Unlawful Detainee — Action on Bond — Pbima Facie Case. In an action upon a bond for restitution given in an unlawful detainer action, the fact that the plaintiff in unlawful detainer voluntarily dismissed his action is prima facie sufficient to show that the writ was wrongfully sued out; and authorizes a recovery where it was further shown that plaintiff was in possession under a lease from one authorized to make it.</p> <p>Same — Liability on Bond — Elements of Dam:age. In an action upon a bond for restitution, given in an unlawful detainer action in which the tenant was ousted of possession, the plaintiff may recover as elements of damage the amount of advance rents paid, damages on account of the removal, and attorney’s fees paid for successfully defending the unlawful detainer action.</p>