Dills v. Stobie

Citations

• 81 Ill. 202

Syllabus

<p>1. Landlord and tenant—surrender of lease by accepting new tenant. Where it is mutually agreed between parties that a lease shall be surrendered, and a new one is thereupon made with another party, and the landlord accepts the new party as his tenant, this will estop the landlord from afterwards denying the surrender of the first lease, notwithstanding it was in writing and under seal, and the agreement to surrender was verbal.</p> <p>2. An actual and continued change of possession, by the mutual consent of the parties, will amount to a surrender of a written lease, by operation of law.</p> <p>3. Where certain parties procured a written lease of certain rooms, as trustees of a Good Templars’ lodge, and they were occupied by the lodge of whom the lessees were trustees and two other lodges, and the last two afterwards ceased to use the rooms, whereupon the lessees notified the les, sor that the lodge they represented would be compelled to vacate the premises, and the lessor then offered to reduce the rent, and the lodge accepted the rooms at the reduced rent, which it continued to pay for some time: Held, that this was evidence of the surrender of the original lease to the trustees, and of a new leasing to the lodge.</p> <p>4. Same —payment of rent. Where a lodge, on terminating its lease of rooms, left property therein greatly exceeding in value the rent due, and offered the same to the lessor in payment, and he took time to consider whether he would accept the same, and retained the same, giving no notice that he would not accept it in payment for some considerable time, so that the lodge might have made some other disposition of the property: Held, that his silence implied assent, and justified the jury in finding a payment of the rent.</p> <p>5. Same—acceptance of surrender of lease. If the lessee of rooms, before the expiration of the term, abandons the premises, delivers the key to the lessor’s agent, and notifies the lessor of the fact by letter, and he in r