Boyd H. Wood Co. v. Horgan

Defendant appeals from a judgment in favor of the plaintiff.

The action is to recover one month’s rent under an alleged renewal of a lease. The answer is a general denial and a defense of surrender and acceptance.

The facts are undisputed. By written lease defendant rented an apartment in plaintiff’s building for a period of one year commencing October 1, 1937, at a monthly rental of fifty-five dollars, and remained in possession until September 30, 1941. Paragraph 12 thereof provides that the lease shall be renewed for a further period of one year, at the same rental, unless either party on or…