Engstrom v. Merriam

Citations

• 25 Wash. 73
• 64 P. 914
• 1901 Wash. LEXIS 364

Syllabus

<p>DAMAGES-FAILURE OF LESSOR TO GIVE POSSESSION OF LEASED PREMISES.</p> <p>Where a lessor fails to give possession of premises leased for the purpose of engaging in a new business, the damages recoverable by the lessee are measured by the difference between the actual rental value and the rent reserved.</p> <p>VERDICT-GENERAL CONTROLLED BY SPECIAL FINDINGS.</p> <p>Where the special verdict of the jury fixes the various items of plaintiff’s damages, both general and special, with the exception of one item of special damages alleged in the complaint, and the aggregate of the various items found in the special verdict, plus the amount of the item alleged in the complaint hut omitted from the special verdict, is less than the general verdict, the general verdict must yield to the special, with the addition thereto of the omitted item, under the terms of Bal. Code, § 5022, which provides that when a special finding of facts shall he inconsistent with the general verdict, the former shall control the latter, and the court shall give judgment accordingly.</p>