Holden, J. This action is for rent and damages accruing from an alleged breach of a leasing agreement on the part of the defendants as lessees of theatre property located in Bradford, Vermont. Although this cause is a different and separate action from the litigation reported in Abbadessa v. Tegu, 120 Vt. 352, 140 A.2d 1, it is a sequel to the prior proceeding in that it seeks recovery of rental for a subsequent term under the same leasing agreement. One new and additional consideration is involved that was not determined in the earlier appeal.
Rather, the law should be such as to deter "a landlord from passively suffering preventable economic loss, to encourage the productive use of land, and to decrease the likelihood of physical damage to property." Schneiker, 732 P.2d at 611; see also Abbadessa v. Tegu, 120 Vt. 352, 357, 140 A.2d 1, 4 (1958) (idle property is economic result not to be encouraged). Moreover, in the context of residential landlord-tenant law, this Court already has discarded the antiquated concepts that defined the landlord-tenant relationship solely in terms of property law and recognized "`that a lease is essentially a contract between the landlord and the tenant.'"
No error results from want of a material finding which is not supported by the evidence. Abbadessa v. Tegu, 120 Vt. 352, 140 A.2d 1 (1958). Both parties argue at length the rule laid down in Dunn v. Travelers Indemnity Co., 123 F.2d 710 (5th Cir. 1941) and its progeny.