Kulawitz v. Pacific Woodenware & Paper Co.

I concur in the judgment of affirmance, however, I believe that our decision should properly be based upon the doctrine of surrender or surrender by operation of law as that term is used in the law of landlord and tenant. A surrender is the yielding up of an estate for years to the landlord. (Triest & Co. v. Goldstone, 173 Cal. 240 [159 P. 715]; Welcome v. Hess, 90 Cal. 507 [27 P. 369, 25 Am.St.Rep. 145].) It may arise by express agreement between the landlord and tenant or by operation of law. (Steel v. Thompson, 59 Cal.App. 191 [210 P. 430] ; Bauer’s Law etc. Co. v. Third St. I. Co., 21…