Eddie

In this action plaintiff sought a recovery of money alleged to be due under the terms of a lease of real estate made by him to defendants MeClay, Gage, Freeman, Lloyd and Gage Manufacturing Company, a corporation, who thereafter by assignment transferred the same to the Union Car Company, a corporation. Judgment went, for plaintiff, from which, and an order denying his motion for new trial, C. E. MeClay alone appeals.

The instrument whereby the transfer was effected was a naked assignment and did not purport to impose any obligation upon the assignee to pay the rent reserved in the lease. Indorsed thereon and signed by plaintiff, was an instrument in writing as follows: “I hereby consent to the transfer of a certain lease on 683 Antonio St., from Jay Gage, C. E. McClay, O. E. Freeman, and C. T. Lloyd to Union Car Co., a corporation, provided that said Union Car Co. complies with all the legal formalities through its board of directors, . . . in accepting this transfer and agreeing to comply with the terms of said lease. ...” While, as shown by the record, the assignee adopted a resolution accepting the assignment of the lease, it made no promise whatever to pay any rent…