Shannon v. Loeb

Citations

• 65 Wash. 640
• 118 P. 823
• 1911 Wash. LEXIS 988

Syllabus

<p>Landlord and Tenant — Recovery of Premises — Unlawful Detainer — Payment of Rent After Notice — Authority of Agent. A statutory notice to vacate leased premises, terminating a lease on August 31, is sufficient notice that the landlord’s agent has no further authority to collect rents, and payment to the agent for the rent of September is not a defense to an action for unlawful detainer in holding over for that month.</p> <p>Landlord and Tenant — Unlawful Detainer — Damages'—Remote and Speculative Damages. Damages for unlawful detainer of a dwelling for one month in that the landlord lost a prospective tenant and was compelled to move from a hotel and occupy the house, cannot be allowed for the landlord’s increased cost for family expenses for several months while occupying the house, which cost them more than living at the hotel, as the same is fanciful, remote and speculative.</p> <p>Same — Damages—Double or Compensatory Damages. Upon the unlawful detainer of a house for one month after notice terminating the lease, the landlord is entitled, under Rem. & Bal. Code, § 827, giving double damages during the detention, to recover double the rental value for one month, and consequential damages or the rental value during the next month while the house remained vacant and unoccupied.</p> <p>Appeal — Briefs—Irrelevant Matter' — Effect. The printing of irrelevant matter in appellant’s reply brief is not ground for striking the opening brief or dismissing the appeal, but only for a rule against the reply brief.</p>