Lutton
Lutton v. Rau
Opinion
Lead Opinion
James, J.
In this action judgment of nonsuit was entered against the plaintiff, who has appealed. The suit was .brought for the purpose of enforcing a demand for rent alleged to be held against the respondent Rau as assignee of the codefendants named herein of a lease to certain storerooms located in the city of Los Angeles. The lease was made by the assignor of plaintiff with defendants Roggy & Runge, a copartnership. It was alleged that this lease was afterward assigned to respondent, who entered upon and occupied the premises and who later attempted to assign his rights to other persons. It was to recover rents accruing subsequent to the last alleged assignment that the action was brought. Judgment by default was entered against the lessees Roggy & Runge. The appeal being presented upon the judgment-roll and a meager statement of facts, we must assume that the evidence was sufficient to support the determination of the trial judge and insufficient to support the issues tendered by the plaintiff in his complaint as to all matters except such as are specifically covered by the stipulation of facts. We are required to assume, then, under the pleadings and judgment, that when Roggy and Runge…