Bush

Respondent was the owner of a bungalow court in the city of Los Angeles. On or about September 1, 1923, she entered into a written lease of this property with the defendant Mary Bastían. The term of the lease was for five years at the monthly rental of $315, payable in advance on the first day of each month. On or about November 19, 1923, Mary Bastían assigned the lease to Mrs. H. K. Herbert, the appellant. The following allegation appears in the complaint concerning this assignment:

Nowhere in the complaint is it alleged that the appellant agreed to assume the obligations of the lease or to pay the rent therein reserved. It was merely a naked assignment. It is alleged in the complaint that on or about February 10, 1925, both defendants vacated and abandoned the leased premises. Respondent brought this action to recover the unpaid rent. It is alleged that $185 rental was unpaid for the month of December, 1924, and that all the subsequent rentals were unpaid by the defendants. Respondent, however, succeeded in leasing the premises at a reduced rental which she credited on the account claimed to be due from the defendants. Mary Bastían filed an answer, but Mrs. H. K. Herbert did…