Wood v. Walbridge

Summary

The court held that a lease was surrendered by operation of law when the lessors retook possession, rebuilt the destroyed tavern, and leased the premises to another tenant, conduct inconsistent with continuation of the original lease. The court also upheld admission of the plaintiff’s chancery bill and related testimony as evidence of declarations and conduct bearing on surrender, and denied the motion for a new trial.

Holdings

1. The lessors' possession of the premises, construction of a new building, and lease of that building to the defendant were inconsistent with the continued existence of Wood's lease and, taken as occurring with Wood's assent, constituted a valid surrender by operation of law.
2. Wood's sworn bill in chancery was properly admitted as evidence of his declarations and conduct bearing on whether he surrendered the lease.
3. Burns and Perrin were competent witnesses for the defendant because they were not parties to the defendant's lease, had sold their interests before that lease was executed, and had no obligation to the defendant.

Questions Presented

1. Whether the lessors' retaking possession, construction of a new building, and leasing of the premises to the defendant constituted a surrender of Wood's lease by operation of law.
2. Whether Wood's sworn bill in chancery and testimony concerning his statements and conduct were admissible as evidence bearing on surrender of the lease.
3. Whether Burns and Perrin were incompetent witnesses for the defendant because of an alleged interest in the action.

Disposition

other