Baskin v. Thomas

MARTIN, Chief Justice.

The plaintiff in error brought suit in the municipal court against the defendant in error, claiming judgment for rent alleged to be due for an apartment theretofore leased by plaintiff tc defendant by a written lease. The defense was that the defendant had surrendered the apartment to the plaintiff at a time prior to that sued for, and that the plaintiff had then accepted the surrender thereof. This was denied by the plaintiff. A claim of fraud in the making of the lease was made in defendant’s affidavit of defense, but no evidence was submitted in support thereof.

The…