Scott v. Pilipo

Citations

• 23 Haw. 739
• 1917 Haw. LEXIS 32

Syllabus

<p>Judgments — res judicata — landlord and tenant.</p> <p>A judgment for tlie plaintiff in an action between lessor and lessee to recover rent in which the defense of eviction was unsuccessfully asserted by the defendant is not a bar to a subsequent action by the lessee to recover damages based on failure of performance and of the consideration because of the inability of the lessee to obtain possession of the demised premises.</p> <p>Limitation of Actions — continuing contract — lease-.</p> <p>The statute of limitations begins to run against a right of action for damages for failure of performance and of the consideration of a continuing contract, not upon the first breach or failure, but from the time when the plaintiff elected to disaffirm the contract. The rule applies to a lease of land where the lessee has been unable to obtain possession.</p> <p>Damages — continuing contract — ■period of limitation.</p> <p>In an action for damages for failure of performance or of the consideration under a continuing contract, upon its disaffirmance, the recovery is limited to such injury as occurred within the period of limitation.</p>