
    Benson v. Bolles, 8 Wend. 175.
    Not reported in S. Ct.
    
      Landlord and Tenant; Collusive Surrender.
    
    In this case, a landlord demised premises for one year, to a tenant at a specified rent, and agreed that if he continued to occupy them for seven years at the same rent, he, the landlord, would pay him $50, for money laid out in repairs; and a sub-tenant of the lessee, surrendered the premises to the landlord fourteen days before the expiration of the seven years, paying him the rent up to that day.
    The Supreme Court held that the lessee could not recover the $50 expended in repairs. But
    The. Court of Errors held, that the landlord, for the residue of the term, 14 days, must be considered a quasi subtenant to the original lessee, and at the expiration of the seven years, was liable for the $50 agreed to be paid for repairs.
   Judgment reversed 10 to 9.  