Earle v. Gillies

The judgment in favor of the defendant appears to have been rendered upon the theory that there had been a surrender and acceptance of the demised premises. No authority was shown, however, in the agent with whom the defendant had the negotiations, either to accept the surrender or to release the defendant. Such authority was necessary. Baylis v. Prentice, 75 N. Y. 604.

Judgment reversed, and new trial ordered, with costs to the appellant to abide the event.