Hooker, J.
The only question in this case is whether there was the evidence of a surrender of defendant's leasehold interest sufficient to require the trial court to submit the case to a jury. As' stated by the learned circuit judge, the cases of Stewart v. Sprague, 71 Mich. 50, and Scott v. Beecher, 91 Id. 594, are conclusive of this controversy, which it would be profitless to discuss further.
Judgment affirmed.
The other Justices concurred.