Slayton v. Jordan
District of Columbia Court of Appeals
ITraring- on an appeal (specially allowed) by the plaintiffs from an order of the Supreme Court of the District of Columbia denying a motion for judgment under the 73d rule in an action to recover for the breach of a lease. The Court in the opinion stated the facts as follows: This is an action in assumpsit to recover for the breach of a lease, and John O. F. Slayton and James A. Neal, plaintiffs, appeal* from an order denying judgment on a motion under the 73d rule.
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ITraring- on an appeal (specially allowed) by the plaintiffs from an order of the Supreme Court of the District of Columbia denying a motion for judgment under the 73d rule in an action to recover for the breach of a lease. The Court in the opinion stated the facts as follows: This is an action in assumpsit to recover for the breach of a lease, and John O. F. Slayton and James A. Neal, plaintiffs, appeal* from an order denying judgment on a motion under the 73d rule. Plaintiffs’ affidavit alleges the execution of a lease under seal, whereby plaintiffs, as owners of the building, leased the…
1Opinion of the CourtChief Justice Shepard
No doubt the lessors could have allowed the premises to remain vacant, in which event they would have an action for the rent reserved in the lease, but they were not obliged to do so. The entry and reletting are sufficient to show an acceptance of the surrender of the lease, where, taking into consideration all the circumstances, the act is of a character-to show that the landlord has resumed possession to the exclusion of the tenant, with the intention of releasing him from his liability. Biggs v. Stueler, 93 Md. 100, 111, 48 Atl. 727.
In a later case it was said: “There are some authorities…
2Cases cited10 opinions
- Ray v. West. Penna. N. Gas Co.Supreme Court of Pennsylvania · 1891
- Underhill v. . CollinsNew York Court of Appeals · 1892
- Auer v. PennSupreme Court of Pennsylvania · 1882
- Biggs v. StuelerCourt of Appeals of Maryland · 1901
- Galey Bros. v. KellermanSupreme Court of Pennsylvania · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Friedman v. Thomas J. Fisher & Co.District of Columbia Court of Appeals · 1952
- McIntosh v. GitomerDistrict of Columbia Court of Appeals · 1956
- Sun Cal, Inc. v. United StatesUnited States Court of Claims · 1992
- Diatz v. Washington Technical School, Inc.District of Columbia Court of Appeals · 1950
- Satin v. BuckleyDistrict of Columbia Court of Appeals · 1968