Hoke v. Williamson

The opinion of the court was delivered by

Burch, J.:

The action was one to recover rent from a tenant who had vacated the leased property. The defense was surrender and release from liability. The plaintiff recovered and the defendant appeals.

In September, 1910, the plaintiff leased the property to the defendant for five years at the monthly rent of $18. In 1912 the defendant moved out and the property remained vacant for some time. The plaintiff found another tenant to whom he leased from month to month at the monthly rent of $19, the *581same rent as before with a dollar per month added for an…