Tomlinson v. Warner Bros. Theatres, Inc.

Complainants seek to recover from defendants the amount of a deficiency arising out of a sale under a mortgage foreclosure.

The defendants are a Mr. and Mrs. Handle, mortgagors, and Warner Bros. Theatres, Inc., their grantee of the mortgaged premises.

Warner Bros. move to strike the bill because "the bill of complaint discloses neither an express agreement of assumption" on its part "nor facts from which an agreement to pay can be implied."

Complainant alleges that there was a direct assumption of payment on the part of Warner Bros. Theatres, Inc., that there was an implied or equitable…