Quinby

This action involves the plaintiff’s right to recover from defendant upon his written guaranty that Mrs. Church, as lessee of an apartment house owned by the plaintiff, would pay the rental reserved in the lease. The case was here on a former appeal from a judgment ren dered in favor of the defendant. On that appeal the judgment was reversed. (Johnson v. Quinby, 44 Cal. App. 699 [ 187 Pac. 172 ].)

After the former judgment in favor of the defendant had been reversed, the case was tried a second time and judgment again rendered in favor of the defendant. From this judgment the plaintiff now appeals.

Since the former decision here the plaintiff filed an •“amended supplemental complaint” showing the accrual of further rentals and a balance due to the plaintiff larger than the amount of the original demand. The defendant then filed a “second amended answer to the complaint and answer to amended supplemental complaint.” On these pleadings the ease was tried a second time.

In connection with the lease and guaranty a collateral agreement was made between the plaintiff, the defendant, and Mrs. Church, which recited that whereas there was a contemplated purchase by the lessee from…