#### Mary Elizabeth Trumbull, Defendant in Error, v. William H. Bryant, Plaintiff in Error.

Gen. No. 23,404.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Edmund K. Jarecki, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.

Reversed with finding of fact.

Opinion filed May 14, 1918.

Statement of the Case.

Action by Mary Elizabeth Trumbull, plaintiff, against William H. Bryant, defendant, to recover rent, of demised premises. From a judgment for plaintiff on an instructed verdict, defendant brings error.

West & Eckhart, for plaintiff in error.

*248Abstract of the Decision.

Landlord and tenant, § 325 * — when surrender of premises with acquiescence of lessor shoion. In an action for rent, a surrender of leased premises with the lessor’s acquiescence is shown by the defendant’s uncontradicted testimony that he had vacated the premises some months before he gave up the keys to plaintiff, that he had paid rent up to that time, that the keys were given up at plaintiff’s request, defendant stating at the time of surrendering them that in so doing he was to be released from further obligations, and that plaintiff took and retained the keys without dissenting from that proposition and without demanding any further rent until about 9 months later.

Henry M. Hagan, for defendant in error.

*

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

Mr. Presiding Justice Barnes

delivered the opinion of the court.