"If the lease had been surrendered with the understanding that it should be canceled" the plaintiff could not recover. Everett v. Williamson,107 N.C. 213, 214. The case stated fails to show any such understanding or consent on the part of the plaintiff.
AFFIRMED.
Cited: Holton v. Andrews, 151 N.C. 341; Murrill v. Palmer, 164 N.C. 53.