Litchner

The respondent, owner of lot 9 of the Gardena tract, Los Angeles County, instituted suit for cancellation of a lease to appellant of the northerly 125 feet of the easterly 100 feet thereof, alleging that her lessee had sublet a portion of said premises in violation of covenants, and without her knowledge or consent. It was contended by the defendant that there was a mutual mistake regarding the description of the property described in the sublease, but that he had previously obtained the consent of his lessor, and he further urged as defenses estoppel in pais, and novation. Judgment was rendered in favor of the plaintiff, and this is an appeal therefrom.

It appears that on December 1, 1922, the respondent executed a lease to appellant for the period of five years of one garage and filling station, “said building to be used only as a general garage and machine shop and filling station and for no other purpose.” It was therein agreed: “That the lessee shall not assign this lease nor any rights thereunder nor sublet the premises or any part thereof (only for the purpose pertaining to and carrying on a general garage and machine shop) without the written consent of the owner, under…