Strauss

While in possession of one of the rooms of a building as'the plaintiff’s tenant, the defendant Strauss sublet the room, with the plaintiff’s consent, to the defendant Connally. Thereafter, on January 13, 1925, the plaintiff served upon Strauss a notice reading as follows:

“Enclosed you will find copy of notice to pay rent or quit, served upon Mr. W. W. Connally, who was the last party to occupy 658 So. Vermont avenue. I am sending you this notice to call the matter to your attention inasmuch as you, by virtue of the consent to sublet which you and Mr. Connally signed, are jointly liable under the obligations of the lease. If we do not receive either from you or from Mr. Connally or both of you, the $400 which is now due in unpaid rental, we will be obliged to immediately proceed as per last paragraph of the notice.”

The record does not contain a copy of the notice served upon Connally. Since error is not to be presumed the failure to include such notice in the record is a sufficient reason to warrant the affirmance of the judgment. The respondent, however, has printed in his brief what he states is a copy of a part of the omitted notice, dated January 9, 1925, which reads as…