Anheuser-Busch Brewing Assn. v. American Products Co.

This is an appeal from a judgment in favor of the plaintiff in an action to recover $2,500.02, with interest alleged to be due plaintiff according to the terms of a lease of certain premises in which the plaintiff is lessor and the defendant lessee. The above sum being the aggregate of the stipulated monthly rental of $416.67 for the months from July to December, inclusive, 1919. The defense to said action proffered by the defendant in its answer and at the trial was that it had delivered up and surrendered said premises during the month of June, 1919, and had then vacated and abandoned the same, and that said plaintiff had then and there accepted and agreed to said surrender of said premises and had taken possession of the same and had thereby terminated said lease and relieved said defendant of the obligation thereunder for the payment of any rent after the date of the said surrender and of the plaintiff’s acceptance of the same. Upon the trial of the cause the court found against this contention on the part of the defendant, its Sliding in that respect reading as follows: “Said defendant did not deliver up or surrender pos session of the said premises to the plaintiff, and the…