Stich

The action is in unlawful detainer. Plaintiffs, the landlords, prevailed. The defendants, who appealed, occupied the premises involved, consisting of an apartment house, as assignees of the original tenants. Unless otherwise indicated the word “defendants” will apply to appellants only and the answer referred to will be their answer. The defendants had assumed the lease, which ran for ten years, from July 1, 1926, the rental being $1850 per month, payable on the fifteenth day of each month. The rental falling due on May 15, 1930, and on June 15, 1930, was not paid. The complaint was filed June 30, 1930. It joined all necessary parties and contained all necessary averments. It prayed for possession, for damages, for forfeiture of the lease and that a receiver should be appointed. The complaint alleged that notice, addressed to the defendants and requiring that payment of the delinquent rental or the surrender of the possession of the premises, was served on the various defendants on June 24, 1930. A receiver was appointed on July 17, 1930, upon plaintiffs’ application. The answer of the appealing defendants was filed on September 25, 1930. The answer admitted the averments of the…