Breuckmann v. Twibill

The judgment of the Supreme Court was entered, March 3d 1879, Per Curiam. The plaintiff in error in his affidavit of defence very carefully avoided alleging that there was a surrender of the lease accepted by the landlord. Certain facts are averred, which, standing by themselves, would be evidence from which a jury might infer a surrender, but yet entirely consistent with a distinct refusal. Taking possession, repairing, advertising the house to rent, are all acts in the interest and for the benefit of the tenant, and do not .discharge him from his covenant to pay the rent. Judgment affirmed.