#### United States Brewing Company of Chicago, Appellant, v. D. Kavanaugh’s Sons, Appellee.

Gen. No. 18,947.

(Not to be reported in full.)

Abstract of the Decision.

1. Landlord and tenant, § 449 * —when execution of new lease operates as a surrender of old one. A tenant’s acceptance of a new lease for the same premises operates in law as a surrender of the old one, ’ and thereafter an agreement for cancellation of the old lease is unnecessary.

2. Contracts, § 456 * —contract dependent on covenant in a lease construed. Where a tenant of certain premises contracted to buy beer from a brewing company during the term of a lease unless the lease is cancelled by .the lessor pursuant to an option in the lease, the tenant is' not relieved from performance of his covenant by a cancellation of the lease by mutual agreement between him and the lessor before the time provid'ed for the lessor to exercise his option.

Appeal from the Municipal Court of Chicago; the Hon. Jacob H. Hopkins, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1912.

Reversed and remanded.

Opinion filed February 3, 1914.

Statement of the Case.

Action by United States Brewing Company of Chicago, a corporation, against D. Kavanaugh’s Sons, a corporation, to recover for breach of a contract. From a judgment entered in favor of defendant on a directed verdict, plaintiff appeals.

Winston, Payne, Strawn & Shaw, for appellant; Silas H. Strawn and J. Sidney Condit, of counsel.

Guerin, Gallagher & Barrett, for appellee.

*

See Illinois Jiotes Digest, Yols. XI to XV, same topic and section number.

Mr. Justice Barnes

delivered the opinion of the court.