Strei

The above actions, which involve claims for rent under the same lease but covering different periods, were tried together, and both appeals are presented on the same record.

The deceased, W. E. Strei, and U. S. Johnson were lessees from John McCaslin of a certain store building in the city of Oakland. On November 29, 1922, they sublet the premises by a lease in writing to defendants C. Earl Brooks and R. G. Bartlett for the term of four years and eleven months at a monthly rental of $225. The rent has been paid in full to March 1, 1926, and in addition $50 was paid on account of the rent for that month. On or about May 14, 1924, there being at that time no default in the payment of rent, Brooks sold to Bartlett his interest in the business which they were then conducting on the premises, and also assigned to him his interest in the lease. Subsequently Bartlett obtained the consent of Strei and Johnson with that of McCaslin and his wife to the assignment. Bartlett remained in possession till the month of April of 1926, when he vacated the premises. In the first cause of action plaintiffs sought to recover the rent for the months of March, April, May, and June, 1926, less the…