Licht

The trial court sustained the defendants’ demurrer to the third amended complaint without leave to amend and judgment was thereupon entered in favor of defendants. The plaintiff has appealed from the judgment.

The following facts are alleged in said complaint: June 5, 1918, defendant Gallatin leased to George Manóles, for a term of five years, a three-story brick building in the city of Sacramento. By the terms of the lease Manóles agreed “not to let or underlet the whole or any part of said premises . . . without the written consent” of the lessor. June 21, 1918, Manóles leased a part of the ground floor of the building to the plaintiff for the full term of the lease first mentioned, subject to “all of the conditions” of the latter. Plaintiff immediately went into possession under the sub lease and thereafter, until March 20, 1921, he “conducted the business of a new and second hand clothing, jewelry, and sundry dealer on said premises.” February 8, 1921, the city commissioner of public health and safety served on defendants a document, signed by him as such commissioner, containing the following: “The undersigned, through the building inspector and the chief of the fire…