See  also  White  v.  Beny,  24  R.  I.  75;  Grimman  v.  Legge,  8  B.  &  C.  324;
Boyd  V.  George,  89  N.  W.  (Neb.)  271;  Stanley  v.  Joehler,  1  Hilton  (N.  Y.),
354;  Stem  v.  Thayer,  56  Minn.  93;  Lynn  v.  Reed,  13  M.  &  W.  285.  It
is  immaterial  that  the  lease  is  not  formally  cancelled.  James  v.  Coles,
31  Misc.  (N.  Y.)  653.
»i«  Randall  v.  Rich,  11  Mass.  494.  So  also  in  Weiss  v.  Levy,  166  Mass.
290.    See  Welcome  v.  Hess,  90  Gal.  507.
""Talbot  V.  Whipple,  14  Allen,  177.
^^  Brewer  v.  Dyer,  7  Gush.  337,  339.
^^  Taylor  v.  Kennedy,  228  Mass.  390.
>^>*Flagg  V.  Dow,  99  Mass.  18.  In  this  case  the  prior  lease  expired
before  the  second  was  given,  but  the  former  lease  was  hdd  to  be  in  force

167


S  130      TENANCT  F

prenuaee  to  a  third
in  the  ori^nal  leai
far  as  the  liability
concemed.""  Bui
another  interest  h
that  of  the  tenan
only  to  Iiis  inunedi
Nor  is  the  mere  p.
the  instrument  a
may  be  sufficient  t
The  burden  of  pi
§  136.  Merger.-
of  the  greater  and
the  same  right.  T\
undivided  fee  in  a
not  thereby  extm
conveyed  to  the  1(
of  the  lease,  if  pr
Latervened,  e.  g.,  ii
§  137.  Destructi
nant  on  the  part  o
gagement  to  rep^
casualty  by  whicb
accident  becomes
excused  from  his  r

for  oertaiu  puipoees
p.  21  of  Ute  case.
"Occupation  under

to  the  landlord  under

Maae.  671.    Endicott

>°"  Fifty  Asaociat«8

»"2  EVeston,  Abat

""  Holbrook  v.  Tirr

4  Kmt  Com.  104.
