Hawkins

Appeal by defendant Eager from an order denying his motion, for a new trial after adverse judgment had been rendered.

The plaintiff is the assignee of one Staub, who was lessor named in a lease by which certain premises in the city of Los Angeles were let for a term commencing on the first day of November, 1907, and ending on the thirty-first day of December, 1911, with option given to the lessees to renew for a further period. The latter option was not taken advantage of. The lease contained this term: “It is hereby covenanted and agreed that said lessees may let or underlet the said demised premises, or assign this lease, provided the parties to whom such letting or assigning shall be made are satisfactory to said lessors." At the time of the making of the lease another party was named with Staub as lessor, but Staub afterward acquired the interest of that party. In October of 1908, the lessee then occupying the premises assigned his interest to Ralph S. Hawkins. Staub was unwilling to accept the responsibility of Hawkins on the lease and required another signer; whereupon Hawkins procured this appellant to sign with him, and the following indorsements were then made upon the…