Stanley v. Koehler
New York Court of Common Pleas
Appeal from a judgment of the Sixth District Court. The action was brought to recover rent of certain premises consisting of lofts with steam power, hired by the defendant of the plaintiff. The hiring was from October to the first of May following. The steam-power furnished was not sufficient for defendant’s purposes, and on this account he removed from the premises about the 1st of December.
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Appeal from a judgment of the Sixth District Court. The action was brought to recover rent of certain premises consisting of lofts with steam power, hired by the defendant of the plaintiff. The hiring was from October to the first of May following. The steam-power furnished was not sufficient for defendant’s purposes, and on this account he removed from the premises about the 1st of December. It appeared on the trial that three days before defendant’s removal, he sent word to the plaintiff that he was about to remove, and that plaintiff said he was sorry, for he must then ||st some other…
1Opinion of the Court
Ikgbaham, Eikst Judge. —
I think the evidence shows a surrender on the 1st December with the plaintiff’s assent.
The plaintiff admitted on the trial, that, when he was informed of the defendant’s intended removal on the first of December he said he should have to get some one to hire his power, and gave the defendant permission to leave some of his property on the premises after that date, diving such permission is evidence from which an acceptance may be presumed, and if so, no rent could accrue thereafter.
The justice erred in rendering judgment for the plaintiff.
Judgment reversed.
2Cited by1 opinion
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