Eden Realty Co. v. Weather-Seal, Inc.

The questions which are decisive of this case arise out of a lease of real estate and a written guaranty of performance through the contract of a third party.

A judgment was recovered against the guarantor for the rent due and owing after default of the lessee up to and including the date of July 31, 1955. This judgment for $2,054.25 was paid. Subsequently, on December 31, 1955, a second suit was filed for five months of unpaid rent from August 1, 1955, through December 31, 1955. Becovery was had in this suit against the guarantor, and the judgment thereon entered forms the basis for this…