Powell

One Beach, whose successor in interest was one Haas, demised to one Jaus a certain apartment house under a written lease which contained a provision that the lessee was “not to sublet the whole of said premises, nor to assign or transfer this lease . . . without the written consent” of the lessor. The instrument also contained a clause reciting that “it is hereby agreed by and between the parties hereto, that in the event that the [lessee] desires to transfer this lease and the [lessor] shall fail, or refuse to give his consent to the transfer, then each party hereto shall appoint one person and the two so appointed shall appoint a third party and whatever decision these three comes to shall be final.” Thereafter, by indorsements on the lease, Jaus assigned it to two parties of the name of Hoff, the Hoffs assigned it to Annette Mohr, and Mohr assigned it to Charles H. Powell and Maud Humfreville. Each of these successive assignees, or groups of assignees, took possession of the property immediately following the assignment to him or to them. Powell and Humfrcville commenced the present action for the purpose of recovering the sum of $750, alleged to have been paid by them to…