Steel

This action was brought to recover the sum of $375 deposited by appellants with respondent to secure the payment of rent under the terms of a lease executed by the latter to the former. As stated by appellants, “the only point relied upon for a reversal of the judgment in this case is that it appears conclusively that there was a surrender of the lease by the tenants and an unqualified acceptance by the landlord of such surrender.” If the last statement be true, then, as the trial court stated, the plaintiffs or appellants herein are entitled to the $375. In relation to this controverted point the trial court found: “As to paragraph IY of plaintiff’s complaint the court finds that on the seventeenth day of October, 1920, that plaintiffs vacated the said premises and left the same vacant and thereupon and thereafter surrendered to the defendant the keys to the said building but did not surrender the lease, but kept the same in their possession, and that the defendant did not accept the surrender of said lease; and did not accept the surrender of the said possession of said leased premises until after the same had been vacated and he thereupon did re-enter and take possession of…