Dodge
Dodge v. Avery
Opinion
Lead Opinion
Works, J.
The defendant and one Ira L. Brunk entered into a written agreement in which it was recited that the former, the party of the first part, was indebted to Brunk, the party of the second part, in the sum of one thousand two hundred dollars. The agreement then provided: “In order to secure the . . . payment of said sum of money, the first party hereby sells, assigns, and sets over to the second party ... an interest in and to that . . . lease made and executed ... by and between the first party . . . and John B. Strickler . . . wherein the said Striokler becomes obligated to pay . . . the sum of nine thousand dollars as rent for a certain property, . . . and the first party herein assigns, sells, and sets over to the second party ... an interest in and to said rents due and to become due . . . under and by virtue of said indenture of lease to the amount of one thousand two hundred dollars, with the understanding that the second party herein shall collect from the lessee . . . the said nine thousand dollars of rent, payable in monthly installments of $150 per month, and shall retain for his own use and benefit, the sum of twenty dollars out of each monthly installment of rent, the…