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C. J. SCHEELKY v. W. F. KOCH.

Action for breach of Contract — Landlord and Tenant — Lease — Surrender of Lease by Lessee — Rerenting by Lessor.

1. A lessee for a year, with privilege of renewal for a year, who occupies the premises and pays rent therefor for a month into the second year, and then vacates with no understanding that the lease shall be canceled, is bound for the second year's rental.

2. If in such case the lessor rerents the premises to another tenant for a less price than the original lessee contracted to pay, he may recover from the latter the difference between such price and what the original lessee was to pay during the year.

FAIRCLOTH, C. J.

"If the lease had been surrendered with the understanding that it should be canceled" the plaintiff could not recover. Everett v. Williamson, 107 N.C. 213, 214. The case stated fails to show any such understanding or consent on the part of the plaintiff.

AFFIRMED.

Cited: Holton v. Andrews, 151 N.C. 341; Murrill v. Palmer, 164 N.C. 53.

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SCHEELKY v. KOCH
(Sep 1, 1896)