Ada Waltz (plaintiff) rented a building to A.H. Fetting Manufacturing Jewelry (defendant) for a period of five years. Toward the end of the lease term, which ended on November 4, 1927, the parties were negotiating an extension but could not come to an agreement. Fetting did not vacate the premises at the end of the lease term but occupied the building until November 26, 1927. After vacating the premises, Fetting sent Waltz a check in the amount of one month’s rent under the expired lease. Waltz refused to accept the check except as a payment for the first month under a new one-year lease. Fetting did not reoccupy the premises. Waltz tried to relet the premises but was unable to do so until January 1929. Waltz sued Fetting seeking to recover the other 11 months’ rent under the claimed one-year renewal lease. The trial court ruled in favor of Waltz. Fetting appealed.