American Home Life Insurance v. Cerrone
American Home Life Insurance v. Cerrone
Opinion of the Court
delivered the opinion of the Court:
We think it was error to permit the introduction of the lease as evidence of the value of 503.
There was no evidence tending to show that the corner, 501, was worth no more than the other rooms. On the contrary, the evidence tended to show that room was rented always at $8.0 per month, which left $100 for the other rooms, 503 and 505. The only evidence offered by plaintiff was that the lease on 503 was worth just what he had agreed to pay for it, namely, $50 per month. The only actual damage shown was the charge of the plumber of $15. Aside from this there was no evidence that 503 was worth more than the amount paid for it.
The question of the right to recover exemplary damages may be briefly considered.
There is no doubt that exemplary damages may be recovered for a wilful, wanton, and oppressive use of the landlord’s power, nor is it necessary that there should be substantially actual damages as a foundation for the recovery of exemplary damages. Washington Post Co. v. O'Donnell, present term [ante, 215].
The judgment is reversed with costs, and the cause remanded for a new trial. Reversed.
Reference
- Full Case Name
- AMERICAN HOME LIFE INSURANCE COMPANY v. CERRONE
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Landlord and Tenant; Evidence; Lease; Exemplary Damages. 1. Where the owner of several adjoining stores, after renting one of them for a term of five years and receiving one month’s rent in advance, $50, retook possession of the leased premises and tore down the partition between it and. one of the adjoining stores, it is error for the trial court, in an action by the tenant against the landlord to recover damages for the invasion of his leasehold, in which the plaintiff’s evidence is that his lease was worth just what he had agreed to pay for it, namely, $50 a month, to permit the introduction in evidence by the plaintiff of a lease made by the defendant of all the stores as evidence of the value of the one leased to the plaintiff, where the lease so offered does not show that the store leased to the plaintiff was worth more than the amount he agreed to pay, but rather tends to show to the contrary. 2. Exemplary damages may be recovered for a wilful, wanton, and oppressive use of the landlord’s power; and it is not necessary that there should be substantially actual damages as a foundation for the recovery of exemplary damages. (Following Washington Post Co. v. O’Donnell, ante, 215).