Wollenshlager

Plaintiff appeals from the judgment and from an order denying his motion for a new trial. He prosecuted this action to recover an alleged unpaid balance of rent for the months of November and December, 1913, and January, 1914, under a ten-year lease of an apartment house in the city of Los Angeles. The lease was executed on May 14, 1913, to the defendants by Elias A. Shedoudy, who, on the sixteenth day of October, 1913, conveyed the premises to the plaintiff and executed to him a transfer of the lease. The lease provided for a rental of $532 per month, payable monthly in advance.

On May 16, 1913, Shedoudy and the defendants, as parties of the first part, made an agreement in writing with one Colyear by which Colyear was authorized to furnish the apartment house, at a cost which should not exceed ten thousand dollars without the written consent of the first parties. It was agreed that Colyear should install a competent person in the building as manager for the purpose of running and operating the apartment house “until the said property or apartment house can be leased and the furniture and furnishings placed in said buildings by the party of the second part is sold upon terms and…