Gordon

This action was brought to recover certain rents alleged to be due and unpaid under the terms of a written lease. Two causes of action are alleged, the first being one to recover a judgment for unpaid rent and for the foreclosure of a mortgage upon certain furniture given to secure the payment of the rent and also the performance of all promises and conditions of the lease. By the second cause of action plaintiff seeks to recover a judgment of foreclosure of a second mortgage upon the same property, given to secure the payment of a certain promissory note in the sum of $3,500.

As a defense to the first cause of action defendant alleged that there had been a change in the written contract of lease by an oral executed agreement. To the second cause of action defendant alleged payment of interest and tender of the principal.

The lease was entered into by plaintiff and defendant on August 12, 1914, and by its terms was to continue until March 8, 1920, and defendant promised to pay plaintiff as rent for the premises the sum of $625 per month, payable in advance on the eighth day of each month up to the eighth day of March, 1915, and the sum of $666% per month for the succeeding five…