Appellant contends that after he vacated the premises appellee should have used diligence to procure another tenant and that his amended answer pleading appellee’s failure so to do, offered at the close of the testimony, was wrongfully refused by the court. To this we cannot agree. Appellee had one tenant bound to him for rental of the flat at $85.00 per month until May 1, 1922. That tenant’s failure to occupy it during the time did not impose upon the landlord the duty to procure some,; one else to occupy it. Appellant had it leased and appellee had no right to lease it to another. With appellant’s consent he might have done so, which would have *294been but a cancellation by agreement of tbe parties of the contract between them. But no legal duty devolved upon appellee to supply a tenant for the premises vacated by appellant under the circumstances of the parties. 24 Oyc. 1164; Underhill on Landlord and Tenant, 1214; R. C. L., section 481.