#### George J. Williams, Appellant, v. J. C. Veeder, Appellee.

Gen. No. 22,571.

(Not to be reported in full.)

Abstract of the Decision.

1. Landlord and tenant, § 449 * -—when evidence insufficient to show surrender of lease. Evidence held to show that there was no surrender of a lease, in an action thereon for rent.

2. Landlord and tenant, § 326 * '—when refusal to direct verdict in action for rent is erroneous. Where a lessee of an apartment executed a lease from the same lessor of another apartment, and *275was notified he would he held answerable under the ofd lease until a new tenant was secured, held, upon evidence so showing in an action by the lessor for unpaid rent under the old lease, that the court erred in refusing to direct a verdict for the plaintiff for the amount of the rent for the period until a new tenant was secured.

*274Appeal from the Municipal Court of Chicago; the Hon. Edward T. Wade, Judge, presiding. Heard in this court at the October term, 1916.

Reversed and judgment here.

Opinion filed January 22, 1917.

Statement of the Case.

Action by George J. Williams, plaintiff, against J. C. Veeder, defendant, to recover $56.25, being one and one-half months ’ unpaid rent on a lease. From a judgment for defendant, plaintiff appeals.

The former opinion of the Appellate Court in the same case, 195 Ill. App. 413, held that the defendant was obligated on the lease for rent to April 30, 1915. He vacated May 1,1914, and the plaintiff re-rented the premises one and one-half months later. The defendant claimed a surrender of the lease April 30, 1914.

Charles S. Williston, for appellant.

Balcomb, Lane & McGrath, for appellee.

*

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

Mr. Presiding Justice MoSurelt

delivered the opinion of the court.