Zibilich v. Rittenberg

Plaintiff brings this action against the defendant to recover the sum of $1,000 paid by him to the defendant as surety for the Or-pheum Restaurant on a lease between the defendant, as lessor, and the restaurant, as lessee, of the premises 1015 Common street. Plaintiff alleges that be is entitled to the return of $1,000: first, because the defendant, after having collected the $1,000 from him, also collected rent for the months of January and February, at the rate of $250 a month, and therefore was paid $500 twice, first by plaintiff and second by the Orpheum Restaurant. Secondly, plaintiff…