Lewis v. Paul Brown Realty & Investment Co.

Action for damages for negligent failure to record a lease. Plaintiff, a surety, claims to have lost the right of subrogation to defendant's rights and to have been damaged thereby. The parties waived a jury and submitted the cause to the court upon an agreed statement of facts and evidence. The court found the issues for defendant and entered judgment. Plaintiff has appealed.

The defendant leased certain described premises to the Smith Candy Company "for the term of five years and two months, beginning on the first day of November 1935, and ending on the 31st day of December 1940, for a total…