Deming v. Scoville

Appellants, for a reversal of the judgment rendered against them in the court below, rest upon the principle of law that where a tenant abandons the possession of the premises before the expiration of his term, and the landlord re-enters and resumes the beneficial use and enjoyment of the premises, he thereby terminates the lease in so fai; as his right to recover subsequently accruing rents is concerned. 16 R. O. L. pp. 970-1; Rice v. Dudley, 65 Ala. 68; Schuisler & Donnell v. Ames, 16 Ala. 73, 50 Am. Dec. 168.

But the principle of these authorities is here inapplicable. The defendants…