Buhlinger

On April 6, 1922, the appellant corporation (under the then name of “Sam Seelig Company”) made and executed to George Helwig and W. A. Buhlinger a lease of certain floor space in appellant’s store on Santa Monica Boulevard, in the city of Los Angeles, for the period of eight years from May 1, 1922. Paragraph seven of said lease contained the following provision: “This lease, or any part thereof, shall not be assigned, by operation of law, or otherwise, nor any part of said premises sublet, without the written consent of the lessor ... ; no waiver of a breach of any covenant, agreement or provision herein contained shall be construed /as a waiver of any subsequent breach of the same or any other covenant, agreement or provision, ...”

It is admitted that the respondent and Helwig were co-partners, and that on or about November 1, 1922, respondent purchased Helwig’s interest in the business and in the lease, and that the latter assigned all of his right, title, and interest therein to the respondent. Thereafter Helwig had no interest in the business, nor in the leasehold,. and he visited the store only occasionally, for the purpose of buying merchandise from his ex-partner.

The…