Haussmann v. Colonial Trust Co.

The action is one by a bondholder for damages sustained as a result of the cancellation of a lease.

The appellant was the lessee under an instrument executed in 1928 leasing the premises subsequently mortgaged. The mortgage and indenture, under which plaintiffs’ rights arise, were executed six months after the execution of the lease. The mortgage indenture provided that the mortgagor would perform all the obligations on the part of the landlord to be performed, and would enforce all obligations to be performed by lessees under any and all leases affecting the mortgaged property, “ to the lien…