[1] Landlord and Tenant—Assignment op Lease—Liability of Assignees.—Where tenants hold under a mere naked assignment of the lease, their liability is, as to the landlord, limited to their occupancy of the premises and terminates with their abandonment of possession.

[2] Id.—Express Covenant to Pay Bent—Obligations of Assignees. Where, however, the assignees by express terms in writing covenant and agree to pay the rent reserved in the lease, it presents two sets of obligations and rights: one comprising those due to the relation oí landlord and tenant based upon privity of estate, and the other due to privity of contract by the terms of which the obligation of assignees of the lease is to be measured.

1. Assignment of lease, notes, 10 Am. St. Rep. 557; 15 L. R. A. 754.

[3] Id.—Repudiation op Lease bt Assignees—Right op Lessor to Sue—Parties.'—Where the assignees of a lease have upon sufficient consideration assumed and agreed to pay the rent, their obligation is identical with that of the original lessee upon his express covenant so to do, and.when they repudiate the lease and abandon the premises, the lessor is entitled to stand upon the terms of the contract made with the lessee and his assigns for the lessor’s benefit and sue thereon to recover the rent which they agreed to pay, in the same manner and to the same extent as though they had been the original obligors under the terms of the lease, regardless of whether or not the lessor was a party to the assignment contract.

[4] Id.-—Abandonment op Premises by Tenant—Release prom Further Liability.—The rule that where a tenant abandons leased property and repudiates the lease, if the landlord takes unqualified possession thereof, the tenant, upon the theory of a 'rescission, is released from further liability, is not applicable where the tenant repudiates the lease and abandons the demised premises and the landlord, without taking unqualified possession of the premises, endeavors, without success, to obtain a new tenant.

4. Remedy of landlord upon abandonment of premises by tenant, note, 13 Ii. R. A. (N. S.) 398.