Foye

The determination of the appeal in this case hinges upon one point. A house lease provides “that for and in consideration of the payments of the rents, and the performance of the covenants contained herein, on the part of the said parties of the second part [plaintiffs and appellants], and in the manner hereinafter stated, said party of the first part does hereby lease, demise and let . . . for the term of three (3) years ... at the monthly rent or sum of three hundred and seventy-five ($375.00) dollars, payable monthly in advance, . . . and in addition to the regular month’s rent an additional sum of three hundred and seventy-five ($375.00) dollars to be credited on account of the last month’s rent under this lease.’’ Many months prior to the expiration date of the lease term the parties signed the following indorsement on the lease: “By consent of all parties hereto the foregoing lease is hereby terminated and possession of said premises and furniture surrendered as of date of May 24th, 1921.” Plaintiffs contended in the trial court, and so contend here, that the $375 paid for the last month’s rent should be returned to them. Judgment went for defendant and plaintiffs appeal…