A surrender by operation of law takes place when the tenant takes a new lease from the landlord to commence during the term of the old lease, even though the new lease is for a shorter term than the residue of the old term1. This surrender is founded upon estoppel, and takes place without regard to the intention of the parties2. The landlord has no power to grant the new lease except upon the footing that the old lease is surrendered; and the tenant, being a party to the grant of the new lease, is estopped from denying the
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