Monger v. . Lutterloh

Stacy, O. J.

It was conceded on the hearing that the defendants had wrongfully breached the rental contract, and that damages should be assessed up to the end of the term. There is no allegation of a surrender of the demised premises by the defendants and an acceptance of 'such surrender by the plaintiff. Nor is there any plea of a cancellation or rescission of the lease. In this state of the record, we think the trial court erred in limiting the damages to six months’ rent under the contract.

In the absence of a surrender and acceptance, an eviction, or a release, and when no stipulation…