Lawton v. DeAngelo

Opinion by

Ross, J.,

This is an action of assumpsit brought by J. Edward Lawton and Jennie R. Lawton, his wife, lessors of a stone quarry under the terms of a written lease, for the recovery from defendant-lessee of rent which they allege is owing to them under the terms of the lease.

Defendant’s answer was one of confession and avoidance. He admitted execution of the lease and his possession of the quarry under it, then interposed the affirmative defense of acceptance by the lessors of his oral surrender of the lease.

A trial in the court below resulted in a jury verdict in favor of defendant.…