OPINION OF THE COURT BY
The case presents but one exception, namely, that the verdict was contrary to the law and evidence.
The action was for $330., rent due, according to the terms of the lease, in five semi-annual installments beginning with June 1, 1900, less $45. paid on account of the first installment, “together with interest on each installment so in default to the present date.” The declaration contained a prayer for judg
The defendant’s first contention, as presented in the brief of its counsel, is that “the verdict is too uncertain on which to base a judgment” in omitting to state a time for which the interest is to run.
The two cases cited to sustain this view, Lashua v. Markham, 21 R. I. 492, and Meeker v. Gardella, 23 Pac. Rep. 837, were actions for unliquidated damages. In the former case the jury rendered a verdict for the plaintiff for “$125. with interest at six per cent.,” and in the latter case the jury found “for the plaintiff and assessed the damages at $3,050. and legal interest.” The court held the verdict in each case to be bad for uncertainty, in the one case saying that the “verdict in respect to interest is too uncertain for computation because it does not state the time for which the interest is to run,” and saying in the other case that the verdict “would not sustain a judgment for any sum whatever except by treating the words ‘and legal interest’ as
The verdict can not be set aside for uncertainty on this matter of interest.
The defendant further contends that the assignment of the lease by consent of the lessor, and the acceptance from the assignee of the lease of the rent thereafter accruing, amounts to a waiver of the defendant’s covenant to pay the rent, or to a surrender of the lease, showing the lessor’s intent to substitute the assignee for the original lessee.
The mere assignment by the lessee of his estate under the lease, and the acceptance by the lessor of rent from the assignee does not constitute in law a waiver of the lessee’s covenant to pay rent, or a surrender of the term. The law upon this subject is not affected either by the fact that the lessor’s consent was not required for the assignment, or that the assignment was made to the co-lessee.
If there were waiver by conduct, it would be a matter for the jury, and not for the court to pass upon. The verdict in this case is conclusive on this matter.
The defendant raised no question of law at the trial, and none is presented by the general exception to the verdict, there being evidence on which it can be sustained.
The same is true of the defendant’s claim that the verdict is erroneous because the evidence showed a payment of $150. to the plaintiff’s agent. This was a matter of fact for the jury, no question of law having been raised thereon, and it is concluded by the verdict, the agent in her evidence having denied the payment. Exceptions overruled and case remanded to the Eirst Circuit Court.