Forrester v. Reliable Transfer Co.

Citations

• 65 Wash. 602
• 118 P. 753
• 1911 Wash. LEXIS 981

Syllabus

<p>Appeal — Decision—Law of Case. Where, on a former appeal, it was decided that the lessee was estopped to question the validity of an unacknowledged lease, under the allegations of the pleadings, the validity of the lease is established as the law of the case if the facts pleaded are proved on the second trial.</p> <p>Landlord and Tenant — Abandonment of Lease — Remedies of Landlord — Damages—Trial—Election Between Causes. In an action by a lessor for damages by reason of the lessee’s abandonment of the premises, the lessor may recover general damages by reason of the violation of the terms of the lease and special damages to the premises committed by the lessee in making alterations; and hence cannot be required to make an election between the two causes of action.</p> <p>Trial — Jury Trial — Demand—Withdrawal. A demand for a jury trial is unconditionally withdrawn, where after a great deal of colloquy, the demand was withdrawn until the plaintiff should make an election, which plaintiff refused and was not required to make, and after refusal of an order to dismiss for want of election, defendant’s counsel stated that he withdrew his demand for a jury.</p>