Grosse

This action was instituted by plaintiff as assignee of the Abbot Kinney Company, a corporation, to recover the sum of twelve and a half per cent upon the net income and profits derived from certain demised premises during the half year ending December 31, 1906, alleged to be due to plaintiff as such assignee under and by virtue of a certain agreement, dated the fourth day of March, 1905, and made and entered into between said defendants and plaintiff’s assignor.

Among other things, it appears from said agreement that the Abbot Kinney Company did, on December 1, 1902, make a lease of the premises therein described to defendants and one Pirtle, the term of which was, by agreements dated July 1, 1903, and February 17, 1904, made between the same parties, extended as therein provided; that on September 3, 1904, the said company, at the request of defendants and said Pirtle, and concurrently with the cancellation of said prior lease and agreements for the extension thereof, made a lease of the same premises t'o the Development Company of Los Angeles, a corporation; that thereafter said defendants became the owners of said leasehold by said Abbot Kinney Company so demised to the…