Dorn

Defendants appeal from a judgment rendered against them for nine months’ rent from June 1, 1916, to March 1, 1917, for certain store premises on Clay Street, in San Francisco. Oppenheim and Levy were joined as defendants because of their alleged ownership of all except one share of the capital stock of the corporation.

The plaintiff originally leased the premises to the Western " Bag Company, a copartnership, for the term of five years from March 1, 1912, at the monthly rental of two hundred dollars, payable monthly in advance. On December 14, 1915, the defendant Western Bag Company was incorporated, and immediately took over from the partnership all of the assets, including bills receivable, but none of the liabilities, and continued the business at said premises. Whether the lease passed along as an asset or kept company with the liabilities does not appear, and is unimportant, as the complaint was framed on the theory that the defendant occupied the premises as a tenant of plaintiff from month to month, and the answer alleges that the corporation so occupied it, and not otherwise.

The only controversy at the trial was as to whether the tenancy terminated on June 1, 1916, or…