Meredith

This is an appeal by defendants Anthony Dardarian and The Tub, Inc., a corporation, from the judgment of the superior court in an unlawful detainer action holding them liable for unpaid rental due under a lease of real property. Plaintiffs Roy T. Meredith and Mary L. Carmack, as trustees of the estate of Madison W. Meredith, leased the premises to defendants by written lease of July 1, 1971, for the term of five years, ending June 30, 1976, at a stipulated rental of $512.50 per month. Thereafter, on November 16, 1971, defendants assigned the lease to defendant B. A & W Commercial Corporation (hereinafter assignee). Plaintiffs consented to this assignment in a writing which limited such consent so as “to reserve any and all rights of action which Lessor may have had under the original lease against The Tub, Inc., and/or Anthony Dardarian, in the event of default by the Assignee.” The assignee assumed the obligations of the lease and entered into possession of the premises. However, from April 1, 1975, on, the assignee made no payment of rental (except for the month of December 1975) and the complaint for unlawful detainer was filed May 26, 1976. The assignee remained in…