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C. J. SCHEELKY v. W. F. KOCH
Faiecloth, C. J.:
“If the lease had been surrendered with the understanding that it should be cancelled ” the plaintiff could not recover. Everett v. Williamson, 107 N. C., 213, 211. The case state.d fails to show any such understanding or consent on the part of the plaintiff.
Affirmed.