McManamon v. Tobiason

Citations

• 75 Wash. 46
• 134 P. 524
• 1913 Wash. LEXIS 1673

Syllabus

<p>Landlord and Tenant — Repairs- — Lease —Duty of Landlord. Under a lease of a hotel providing that no alteration could he made without the lessor’s consent, and should be paid for by the lessee, the lessor is not liable to the lessee for damages for failure to make alterations required by the hotel inspector, in the absence of any offer by the lessee to pay for the same.</p> <p>Same — -Failure to Repair — Actions—Complaint. A complaint by a lessee of a hotel states a cause of action for nominal damages, where it alleges that the landlord agreed in the lease to repair the roof of the building and failed to do so.</p> <p>Appeal — Review—Harmless Error. In an action tried to the court in which only the nominal damages awarded against appellant are affirmed on appeal, error in admitting depositions on the subject of damages is harmless.</p>