Scene-in-Action Corporation (defendant) rented an office from Automobile Supply Company (ASC) (plaintiff). ASC failed to provide heat for the office during much of the winter of 1927-28. Beginning in November or December 1927, Scene-in-Action made several unsuccessful requests of ASC to fix the problem. Eventually, on February 20, 1928, Scene-in-Action gave notice to ASC that on April 30, 1928, it would be vacating the premises due to the lack of heat. The lease was otherwise to terminate on September 30, 1928. Scene-in-Action’s final complaint to ASC about the lack of heat occurred on April 9, 1928. Scene-in-Action vacated the premises in accordance with its notice, on April 30, 1928. ASC brought suit to recover rent for the final five months of the lease, from May through September. The trial court ruled in favor of ASC and awarded it five months’ rent. The appellate court affirmed. Scene-in-Action appealed.