Dolan v. Scott

Citations

• 25 Wash. 214
• 65 P. 190
• 1901 Wash. LEXIS 380

Syllabus

<p>LANDLORD AND TENANT • — • ACTION FOR RENT-RES JUDICATA.</p> <p>Where a tenant under a lease for one year abandoned the premises at the end of the first month, and, in an action by the landlord for the second month’s rent, judgment was rendered in defendant’s favor on the ground that the lease was invalid, such judgment is res judicata in a subsequent action brought by the landlord at the end of the year for the use and occupation of the premises for the balance of the term of eleven months during which the tenant was alleged to have been in constructive possession.</p> <p>SAME TENANCY AT WILL TERMINATION NOTICE- — LOSS OF PERSONAL PROPERTY-LIABILITY OF TENANT.</p> <p>A tenant under a void lease being merely a tenant at will is privileged to terminate his tenancy .at any time without notice, and in such case is not liable for the loss of personal property included in the lease whose loss occurred after his abandonment of the premises, and during the period for which the landlord was attempting to hold him to the terms of the lease.</p> <p>JUDGMENT OP SUPERIOR COURT — CONOLUSIVENESS ON APPELLATE TRIBUNAL.</p> <p>The fact that a judgment in a former action was for an amount which would render it unappealable to the supreme court, would none the less constitute it a bar in the latter court in a subsequent action between the same parties involving the same subject matter.</p>