Delger

This action of unlawful detainer was brought to secure restitution of certain leased premises in San Francisco, a forfeiture of the lease and for damages in the value of the use and occupation of the property during the period of detention. Besides Jacobs, the lessee, the others were made parties defendant upon the theory that they had entered under and by permission of said lessee and were doing business on the demised premises by his authority. The complaint sets forth that “On the fifteenth day of July, 1910, plaintiff, by agreement and lease in writing, leased to said defendant Abe Jacobs” certain premises (describing them) for the term of five years from the first day of July, 1910, at the monthly rental of $650, “to be paid on the first day of each and every month in advance”; that, by virtue of said agreement and lease, the said Jacobs entered into possession and occupation of said property and still continues to occupy the same; that the lease contained certain terms, conditions, and covenants, among which was that “the lessee shall not sublet said premises, or any part thereof, nor assign this lease or any rights thereunder without the written consent of the lessor. Any…