Smith v. Ostermeyer Realty Co.

Wood, J. —

The appellee Ostermeyer Realty Co. brought suit for the recovery of rent claimed to be due and unpaid from its co-appellee Great Eastern Hotel Co. on a written lease existing between them, and from the appellant as the alleged guarantor of the performance of the terms of said lease by appellee Great Eastern Hotel Co.

The issues consisted of an amended complaint, the allegations thereof necessary for our consideration reading as follows:

“That prior to the full execution and delivery of the said lease of November 30, 1923, between the parties th'ereto, the terms and conditions to be…