Robert Thomas, Respondent v. Charles Nelson, Appellant

Summary

The Court of Appeals affirmed the judgment for the plaintiff, holding that a verbal lease for seven years could be proved or amended to conform the pleadings, that a void oral lease under the statute of frauds obliges the tenant only for the period actually occupied, that retaining keys is not acceptance of surrender, that a tenant who agreed to repair a defective flue is estopped from abandoning, and that the plaintiff is entitled to rent for May and June despite lack of proof of assignment.