In re the Estate of Bell

This is an appeal from an order rejecting in part the claim of T. J. E. Scoones against the estate of the insolvent, under the following circumstances: —

Scoones executed to Bell a lease of a certain room in San Diego for the term of twenty-seven months, from January 15, 1888, at the monthly rent of $225, payable monthly, in advance, on the fifteenth day of each month, during the term, the lessee covenanting to pay the rent and to quit and surrender possession at the expiration of the term, or any sooner determination of the lease, and *120 also, that, in case of default in payment of rent for five days, the lessor, at his option, may re-enter and terminate the lease.

Bell entered into possession under the lease, and paid the rent until July 15, 1888; but on July 29, 1888, lie left and vacated the premises, declaring his intention to abandon the premises, and to repudiate the lease, and to pay no further rent. Upon the vacation of the premises by Bell, the lessor — Scoones — re-entered and endeavored to relet the premises without delaj’-, for the residue of the term, for the benefit of Bell; “but in so doing did not in any way release or discharge the said Bell or his estate…