Chambers

This is an appeal from a judgment in favor of the plaintiff in an action instituted by brm against the defendant for the recovery of certain premises leased by him to the defendant’s predecessor and which the said defendant was alleged to be unlawfully holding over after default in the payment of the rent due and payable under the terms of said lease, and also for the recovery of the amount of rent due.

The case was tried before a jury which rendered a general verdict in the plaintiff’s favor and also a special verdict upon certain issues in the case.

The facts of the case upon which the questions presented on this appeal arise are practically undisputed, and are briefly as follows: The plaintiff on the twelfth day of March, 1912, was the owner of the real estate in question which was at that time unimproved. On said date he executed a written lease of said real estate to three certain individuals—Fabre, Richardson, and Kerns—for the term of five years, commencing on April 1, 1912. In May, 1913, said lessees, with the lessor’s consent, assigned and transferred their said lease to the Bloehman Banking Company, a copartnership composed of two members—L. A. Bloehman and J. A.…