Jordan

Plaintiff appeals from a judgment in favor of defendants in an action to recover rent due and unpaid under a written lease of a certain storeroom in the city of Los Angeles. On December 1, 1911, plaintiff’s assignor, Marsh, leased the premises in question to defendant Scott for a term which,- as extended by a supplemental agreement in writing, expired January 31, 1915, and Scott entered into possession thereunder. November 30, 1912, Scott, by a written agreement which was in form and terms a sublease, but which plaintiff contends was in legal effect a pro tanto assignment, demised a specified portion of the leased premises to one Ostrow for a term one day longer than his own term, to wit, until February 1, 1915, and Ostrow entered into possession of that portion of the premises.

On January 1, 1913, Scott sold, assigned, and delivered to Gaudreau and Wilson his lease from Marsh and his lease or contract with Ostrow, and Gaudreau and Wilson thereupon entered into possession. On March 19, 1913, Ostrow sold and assigned to defendant Tuck her sublease or agreement for a specified part of the premises, and Tuck entered into possession thereof.

No part of the rent was paid to plaintiff…