Mann v. Taylor

Action on a written lease to recover unpaid rent. The essential facts were undisputed. Whether or not there was an acceptance of a surrender of the premises was at best, so far as the appellants were concerned, a question of fact for the jury. (Levitt v. Zindler, 136 App. Div. 695; Tootle Theatre Co. v. Shubert Theatrical Co., 175 id. 530.) The evidence was ample to justify a finding that there had been no acceptance. It may well be that as a matter of law there was no acceptance.

The provisions respecting the deposit of $450 did not constitute that sum liquidated damages. The real damages in…