MILLISON v. CLARKE

[No. 77, September Term, 1979.]

287 Md. 420 (1980)

413 A.2d 198

J. LAURENCE MILLISON v. JOSEPH ABEL CLARKE ET UX.

Court of Appeals of Maryland.

Decided April 14, 1980.


Attorney(s) appearing for the Case

David M. Williams for appellant.

Thomas P. Smith, with whom were Baskin & Sears on the brief, for appellees.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.


RODOWSKY, J., delivered the opinion of the Court.

This landlord's action for rent under a commercial lease involves the defense of surrender by operation of law on which a summary judgment in favor of the tenant was based. The principal question presented is whether the legal consequence of a reletting by a landlord to a new tenant, for a term extending beyond the expiration of the lease to the original, defaulting tenant, is the acceptance of a surrender, without...

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