Lawyers Title & Guaranty Co. v. Tausig

The Lawyers Title and Guaranty Company, as alleged landlord, seeks to dispossess the owner of a two-family dwelling house for the non-payment of. “ rent.” The facts disclose that on April 29, 1933, the owner, sued herein as “ Tenant,” defaulted in the payment of principal and interest due on a mortgage held by the petitioning “ Landlord ” against the said property. To induce forbearance of a foreclosure the parties entered into a contract by the terms of which the owner assigned the rents of the premises and also surrendered possession. This contract contains the usual clause designating the…