Schloss v. Dattilo

Plaintiff’s action is stated in a hill in equity seeking to foreclose a chattel mortgage and to declare it a superior lien to one held hy defendant Dugdale and to adjust the account between plaintiff and defendant Dattilo. The judgment was for plaintiff.

The case is before us on the record proper only, the point being made that the petition does not state a cause of action in equity. The substance of the petition is tha‘t plaintiff leased to defendant Dattilo, for forty-nine months, certain premises at $33.33 per month. That Dattilo in about two months abandoned the premises and that he…