Guy v. Gould

The opinion of the court was delivered by

Burch, J.:

The action was one by a landlord to recover from a tenant, who abandoned the leased premises and ceased to pay rent, the difference between the stipulated rent and the amount the landlord was able to obtain for use of the premises by reletting them to various temporary tenants. Plaintiff was denied full recovery and appeals.

There were two inconsistent defenses: Consent of the landlord to surrender by the tenant, and eviction of the tenant by the landlord. The abstract states there was no evidence of eviction. The jury were asked to state what…