#### Grace H. Leaverton, Appellant, v. John A. Myers, Appellee.

(Not to he reported in full.)

Abstract of the Decision.

Landlord and tenant, § 449 * —when evidence sufficient to show surrender of premises. In an action for rent, where the evidence *354was conflicting as to what was said and done between the lessor and lessee and their agents as to the surrender of the premises and the making of a new lease for another 'flat, the questions were for the jury, and the verdict would be sustained when not manifestly against the weight of the evidence.

*353Appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding. Heard in this court at the October term, 1913.

Affirmed.

Opinion filed July 2, 1914.

Rehearing denied October 7, 1914.

Statement of the Case.

Action in assumpsit by Grace H. Leaverton against John A. Myers to recover for four months’ rent under a lease. It appeared that the defendant was occupying a flat under a renewal of a lease, that he vacated the premises, and that the suit was for two hundred dollars for the rent for the four months after such vacation. There was also evidence that the plaintiff failed to make certain repairs and repudiated an agreement to make such repairs, and that the plaintiff failed to have noise caused by tenants in an upper flat discontinued, causing discomfort to the defendant’s wife, who was ill. The defendant’s plea alleged the surrender of the premises and the plaintiff’s acceptance of the same. The jury found the issues for the defendant and judgment was rendered in his favor, whereupon the plaintiff appealed.

Smith & Friedmeyer, for appellant.

Gillespie & Fitzgerald, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same • topic and section number.

Mr. Justice. Eldredge

delivered the opinion of the court.