Scalesse v. Siegel

In this action brought by a former tenant to recover monies advanced to his former landlord pursuant to a lease and an “Addendum to Lease” the trial judge found for the plaintiff in the sum of $3,100. The defendant appeals. 1. The judge’s finding that a substitution of tenants was accomplished, and thus that there was a surrender of the lease by operation of law, was not erroneous. Although the testimony on the point was conflicting, the judge could have found that, after preliminary negotiations with the new tenant, the landlord instructed the former tenant to give the keys to the landlord’s…