Fairchild

This action was brought by plaintiff as successor of the lessors under a 99-year lease, against lessees thereunder to recover certain unpaid rentals and the taxes for two successive years, which taxes plaintiff alleged he was compelled to pay because of the failure of defendants to pay them.

Defendants alleged an assignment of the lease to one Paden; that plaintiff entered into several written agreements with the assignee, without the knowledge or consent-of defendants, altering and modifying the lease in material respects, and that, because of these modifications of the lease, defendants were relieved of liability for any of the items sued upon.

This appeal is on the judgment-roll only, and some of the points urged by appellant cannot be considered here, because the facts stated in his brief in support of same are not shown in the judgment-roll. The only question now urged by appellant is that the court erred in not giving judgment in his favor, either on the original judgment or in response to his motion for another and different judgment, for the amount of the taxes which became a lien on the first Monday of March of the year 1926.

The trial court’s findings herein referred…