Witthaus v. Zimmermann (91 A.D. 202, 1904)

McLaughlin, J. :

On the 13th of December, 1901, one Simon leased to the firm of Johnson & Anderson certain premises in the city of New York for a term of three years, at an annual rental of $4,000, payable in equal monthly installments in advance. On the twenty:eighth of May following the plaintiff purchased the premises from Simon,, subject to the lease, and in connection with the purchase the defendant Zimmermann guaranteed the payment of the rent reserved, by