139 N.Y.S. 931 | N.Y. App. Term. | 1913
In October, 1911, the defendant’s wife agreed to lease an apartment for one year from November 1st at a rental of $55" per month;' the lease to be sent to and signed by her husband. On October 26th the defendant sent the plaintiffs the rent for one month. The check was inclosed in a letter which says:
“I came away without the lease this morning, and if I find the same satisfactory to-morrow I will sign and return. I presume it is the usual Polhemus form of flat lease used by this and other responsible offices.”
Thereafter the defendant received a lease, not in the Polhemus form, and containing some clauses that were not entirely usual, and which had not been discussed between the parties. This lease was n^ver signed. In November the defendant and his wife entered into possession of the apartment, and continued in possession until the end of April. They then vacated the apartment, leaving the keys with a woman in charge of the apartment house. This woman had complete charge of the house, including the renting of apartments and the collection of rents. As part of her duties she received the keys from outgoing tenants. After the defendant had vacated the premises, the landlord brought this action for the May rent.
Judgment should therefore be reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.