Elfenheim v. Von Hafen ( 1893 )

Fitzsimoxs, J. (dissenting).

The undisputed testimony shows that the lease referred to was surrendered and accepted, and such surrender and acceptance is sufficient in law.

It was, therefore, the duty of the trial justice to direct a verdict for defendant, as requested by defendant. It was error not to do so.

The judgment should be reversed and new trial ordered. Judgment affirmed.