Nordgren v. Lawrence

Citations

• 74 Wash. 305
• 133 P. 436
• 1913 Wash. LEXIS 2044

Syllabus

<p>Landlord and Tenant — Actions—Pleading—Variance—Materiality. In an action against a landlord, it is an immaterial variance, if any, that the complaint alleged that plaintiff was “seised and possessed and entitled to the possession” of premises, and the proof showed that she was a tenant from month to month, where the defendant knew the character of the possession.</p> <p>Landlord and Tenant — Lease—Termination. A tenancy from month to month is not terminated on the 28th of August, where the lease was made June 11th at which time it was not known when the tenancy would begin, the receipt for rent deposited recited that the rent was to commence about the 28th of the month, and the tenant moved in July 3d, and had fully paid for the second month.</p> <p>Landlord and Tenant — Damages—Actions—Remedies by Tenant. An action for damages against a landlord who unlawfully entered the premises before the termination of the tenancy and made a general nuisance of himself need not be brought under the unlawful detainer statute.</p> <p>Damages — Mental Suffering. Recovery may be had for mental suffering which was the result of the wrongful acts of the defendant in an unlawful entry upon plaintiff’s premises, although there was no actual physical injury.</p> <p>Landlord and Tenant — Damages—Excessive Verdict — Mental Suffering. A verdict for $1,000 damages is excessive, and should be reduced to $500, where plaintiff, who was ill, was greatly disturbed and frightened when the defendant, her landlord, unlawfully forced an entrance into the house early in the morning, and made a general nuisance of himself until late in the afternoon, her fright was only temporary, and her illness not augmented.</p>