Fern v. Crandell

Crandell brought suit against Fern to cancel a lease given by Fern to one Smith and assigned to plaintiff, and to recover $500 paid thereon, on the ground of failure of title. The findings were general for the plaintiff who had judgment for the $500, but the lease was not expressly cancelled. Fern brings error.

The recovery of the $500 should be affirmed and probably that in effect cancels the lease, but we think it should have been expressly cancelled.

Assuming, as we must, that all material matters in dispute, which were few and unimportant, were found for the plaintiff, the facts are as…