Gorlin v. Hrvatsky Publishing Co.

The action is brought on a written lease to recover the rent of a store for the months of July, August and September, 1925, at a monthly rental of fifty-five dollars. Fifty-five dollars was deposited with the plaintiff by defendant at the time of the signing of the lease as security to be applied on the last month’s rent of the term. The principal defense is surrender and acceptance of the lease. The court throughout the trial took the position that the term demised lease being for more than a year the defendant could not prove a surrender and acceptance by paroi evidence. It is true that…