Webb

Plaintiff, the respondent herein, brought this action in unlawful detainer to recover possession of demised premises consisting of an apartment house property; for damages on account of unpaid rents and unlawful detention, and for attorney’s fees. Plaintiff’s predecessors in interest, by written lease, demised to defendant Maude Bryant Johnson for eight years beginning August 1, 1920, at the rental of $450 per month during the first three years and $500 per month during the remainder of the term, payable monthly in advance, and the lessee agreed therein as follows: That she should keep the premises and appurtenances in the same good order and condition as when delivered to her, reasonable use excepted; that no alterations or changes in the premises should be made without the written consent of the lessors; that she should keep the premises as fully and well furnished as at the execution of the lease, and should make all necessary restorations and replacements to keep them so furnished. The lease contains the following provisions regarding assignment and for subletting: “Permission is granted to the original lessee to assign and transfer this lease to an individual person or…

In their petition for a rehearing herein defendants (appellants) Walter J. Lewis and Annie Lewis complain that the opinion of this court is based sub *33 stantially upon defaults of defendants in the payments of rents, thus leaving room for the operation of section 174 of the Code of Civil Procedure, giving them five days after judgment within which to pay the unpaid rents and reinstate the lease. Defendants also contend that the findings and judgment of the trial court in terminating the lease for violation of its covenants binding defendants to keep the demised premises in good order and condition, reasonable use excepted, to make no alterations or changes therein without the written consent of the lessors, to keep the premises as fully and well furnished as when leased, and to make the necessary restorations and replacements and to keep it so furnished, constituted prejudicial error.

In regard to those findings and the facts upon which they were based, this court said: “The findings are supported by substantial evidence.”

The lease provides that the lessors shall have a first lien on the furnishings to secure the rents and certain other covenants of the lease, and that…

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 22 Plaintiff, the respondent herein, brought this action in unlawful detainer to recover possession of demised premises consisting of an apartment house property; for damages on account of unpaid rents and unlawful detention, and for attorney's fees. Plaintiff's predecessors in interest, by written lease, demised to defendant Maude Bryant Johnson for eight years beginning August 1, 1920, at the rental of $450 per month during the first three years and $500 per month during the remainder of the term, payable monthly in advance, and the lessee agreed therein as follows: That she should keep the premises and appurtenances in the same good order and condition as when delivered to her, reasonable use excepted; that no alterations or changes in the premises should be made without the written consent of the lessors; that she should keep the premises as fully and well furnished as at the execution of the lease, and should make all necessary restorations and replacements to keep them so furnished. The lease contains the following provisions regarding…