Gibbs CJ: ‘… it would be productive of dangerous consequences to presume a surrender to the lessor, from the fact of his [the lessor] receiving payment from an assignee; a landlord in general was willing to receive payment from the person who offered it, whosoever he was, but by receiving it, he did not discharge the lessee.’
Judges:
Gibbs CJ
Citations:
(1815) 1 Stark 412
Cited by:
Cited – Mattey Securities Limited v Ervin, Sutton, Mitchell CA 3-Apr-1998
After the insolvency of an assignee of a lease, the landlord talked with possible new tenants, and the original lessee now said that the landlord had impliedly accepted a surrender of the original lease, thus releasing him from continuing liability. . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 14 May 2022; Ref: scu.245832