#### Prosper J. Soucy, Appellant, v. Francis Kirsch and Minnie Kirsch, Appellees.

(Not to be reported in full.)

Appeal from the City Court of Bast St. Louis; the Hon. Robert H. Flannigan, Judge, presiding. Heard in this court at the March term, 1913.

Reversed and remanded.

Opinion filed October 9, 1913.

Statement of the Case.

Action by Prosper J. Soucy against Francis Kirsch and Minnie Kirsch to recover on a claim for rent of certain premises held by plaintiff as trustee. From a judgment in favor of defendants, plaintiff appeals.

*515Abstract of the Decision.

Landlord and tenant, § 301*—what does not constitute a release from payment of rent. In an action for rent, a conversation between the defendant and the plaintiff, who subsequent to the letting became a trustee of the premises, held, not to amount to a release of payment of the rent and not valid as a compromise of defendant’s claim for damages for want of repairs, where there was no agreement in the contract of letting requiring the owner to keep the premises in repair.

Johnson-Johnson and W. L. Coley, for appellant.

W. J. N. Moyers, for appellees.

Mr. Presiding Justice McBride

delivered the opinion of the court.