Novak v. Fontaine Furniture Co.

The defendant contends that all liability for rent or for damages occasioned by the breach of the executory portion of the lease was terminated when the plaintiff resumed possession and control of the premises, since such conduct on the plaintiff’s part effected a surrender of the lease by operation of law. The statement in the agreement of facts that there was no waiver is interpreted to mean that the plaintiff did not in fact accept the defendant’s relin quishment of possession as a surrender. Where there is such acceptance the tenant is not liable for subsequent rent. Davis v. George, 67…