90 Wis. 461 | Wis. | 1895
At the time of the alleged surrender of the lease it had still more than a year to run. It could only be surrendered, therefore, “ by act or operation of law,” or by an instrument in writing “subscribed by the party” surrendering the same. R. S. sec. 2302. It is not claimed that there was any surrender by instrument in writing such as the statute requires, therefore the only question is whether there was a surrender by operation of law. Such a surrender arises where the lessee actually surrenders possession of the premises to the lessor, who accepts the same and takes possession of the premises himself or leases them to an
By the Court.— Judgment affirmed.