92 Wis. 363 | Wis. | 1896
The trial court left it to the jury, on the evidence, to determine whether there was an executed verbal agreement to surrender the leased premises. The instructions which were excepted to did that, in effect, and nothing more. The exceptions to the charge of the court in this regard, now pressed upon the attention of this oourt, proceed
The learned circuit judge charged the jury as follows: “ In order to constitute a valid surrender of a written lease for a term exceeding one year, there must either be a surrender in writing, or there must be an agreement made between the parties, one side offering to surrender the lease and to surrender the premises, and an acceptance on the part of the landlord. If there was simply an agreement to surrender the lease, not acted upon or carried out by the parties, then there was no valid surrender of the premises and of the lease.” Other portions of the charge proceed on the same line, all of which were excepted to. The instruc
"We see no reversible errors in the case. It follows that the judgment of the superior court must be affirmed.
By the Cowt.— Judgment affirmed.