White-Way Arcade, Inc. v. Broadway Turtle King, Inc.

The petition of the landlord alleges that a lease of business space was entered into between the parties for a period commencing April 1, 1946, and ending September 30, 1949; that about eight months after taking possession of the leased premises the tenant informed the landlord* that its business was unsuccessful and that if was desirous of surrendering the lease and of being relieved from its obligations and promised to vacate the premises on January 1,1947, if the landlord would accept such surrender. For the purpose of acceding to the tenant’s wishes, the landlord entered into a formal…