
    Maurice Brill et al., Appellants, v. Maria R. Friedhoff, Respondent.
    (Argued May 26, 1926;
    decided June 9, 1926.)
    
      Contract —• guaranty ■— action to recover deficiency of rent under written agreement assuming obligation of former contract of guaranty.
    
    
      Brill v. Friedhoff, 215 App. Div. 680, affirmed.
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 4, 1925, unanimously affirming a judgment in favor of defendant entered upon a verdict directed by the court. The action was brought to recover a deficiency in rent for the period from September 1, 1917, to October 1, 1919, under a written lease entered into on October 30, 1907, between the plaintiffs and one Henry C. Meyer for the term of twelve years from October 1,1907, to September 30,1919, which lease was guaranteed by one John P. Friedhoff, and the obligations of which, it was alleged, were assumed by the defendant in this action by written agreement, dated April 17, 1915.
    Judgment affirmed, with costs;
    
      Ira Skutch for appellants.
    
      Grover C. Sniffen and William Douglas Moore for respondent. ■'
    
   no opinion.

Concur: Hiscock, Ch. J., McLaughlin, Crane and Andrews, JJ.

Dissenting: Cardozo and Pound, JJ. Absent: Lehman, J.  