Legal Opinion

Krumdieck v. Ebbs

Appellate Terms of the Supreme Court of New York

Decided November 6, 1903Published

Appeal from Municipal Court, Borough of the Bronx. Action by William G. Krumdieck and another against Coleman Ebbs. From a judgment for plaintiffs, defendant appeals. Reversed.

1Per curiam

This action was brought to recover for rent of a store for the month of February, 1903, under a verbal lease from month to month. Defendant pleaded a surrender and acceptance. Plaintiffs had a judgment, and the defendant appeals.

The proof on the part of the defendant clearly establishes the following facts: The defendant removed all his property from the premises in-January, and surrendered the keys to the plaintiffs’ janitor, who gave them to the plaintiffs about February 3, 1903. Prior to February 1st plaintiffs had put a notice “To Let” in the store window. They entered into negotiations…

2Cases cited1 opinion

  1. Sherman v. EngelAppellate Terms of the Supreme Court of New York · 1896

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