Matzger v. Arcade Building & Realty Co.

Citations

• 102 Wash. 423
• 173 P. 47
• 1918 Wash. LEXIS 960

Syllabus

<p>Estoppel—By Record—Judgment and Failure to Appeal. Judgment unappealed from in a contempt proceeding to enforce an injunction, in which the court had jurisdiction to assess plaintiff’s damages, dismissing the proceeding without prejudice to plaintiff’s right to maintain an action for damages, estops the defendant from asserting that plaintiff elected his remedy in bringing an action for an injunction and so could not sue for damages.</p> <p>Landlord and Tenant — Interruption of Quiet Enjoyment — Measure of Damages. The measure of damages for an interruption of quiet enjoyment by interference with light is the difference between the value of the property as furnished and the rent reserved, or the diminished value of the use of the property; loss of profits being usually regarded as too remote and speculative, unless proof of profits is so clear that they were, as a matter of law, within the contemplation of the parties.</p> <p>Same. The evidence of loss of property is not sufficient to bring a case within the exception to such rule, where the tenant’s business-was not interrupted, he complained only that facilities for carrying it on were not so good as before, and there was nothing to show how much of the lost profits was due to the use of artificial lights, how much to plaintiff’s partner being in a rival business, or how much to personal elements in the management of plaintiff’s business and the sale of his goods.</p>