Johnson v. Watkins

1. If, pending a tenancy, the landlord directly or indirectly resumes possession of the premises, by acts amounting to an actual or constructive eviction of the tenant, or if the tenant becomes dissatisfied and offers to surrender possession to the landlord, and the landlord thereafter resumes possession, or exerts a control over the premises inconsistent with the tenant’s right of occupation, he thereby discharges the tenant from liability for future rent. A cancellation or rescission of the contract is thus effected by agreement of the parties, express or implied; and such “ a surrender of…