Lasher

judgment is affirmed.

This action was brought by plaintiff for the purpose of rescinding a certain agreement of exchange entered into between himself and defendant Faw and to obtain in connection therewith such incidental relief as might be equitable, to wit, reconveyances to him of certain real property; cancellation of certain notes; a money judgment against defendant Murray and all other proper equitable relief. The court made findings and judgment was entered thereon in his favor, from which defendant Cross Investment Company, a corporation, has alone appealed. The facts are virtually undisputed and such as are necessary for the purposes of this opinion will now be set forth:

Appellant oAvned certain real property in Oakland, California, upon which a garage building was erected. By written agreement it leased this property to defendant Faw for a period of twenty years from January 25, 1922. Among other things, said agreement provided that neither the lease nor any part thereof could be assigned without the written consent of the lessor first had and obtained. It also required that defendant Faw give a guarantee for faithful performance on his part of the terms thereof.…