The opinion
The Court
[item, con.) refused to give the instruction prayed by Mr. Semmes, being of opinion that Mr. Brown could not aban *316 don after underletting a part of the premises for the year. That in such a case, the ruinous state of the premises, so that the defendant’s goods were liable to be injured thereby, is not sufficient to justify the abandonment; and that the receipt by Mrs. Slacum of rent from the sub-tenant of part of the premises, is not evidence of her assent to such abandonment.