Gollmer

is an appeal by defendants from a judgment for plaintiff in an action commenced September 7, 1907, by the alleged owner of a leasehold interest in the first or ground floor of a certain building in the city of Los Angeles, against the successors in interest in the demised premises of the lessor, one John Gollmer, to obtain a decree quieting alleged claims of defendants adverse to plaintiff’s estate for years.

Plaintiff alleged in its complaint that it is “the successor in interest of the Union Bank of Savings,” a corporation, as to said leasehold interest, but did not allege how it succeeded to said interest. The leasehold interest was described as one commencing on May 15, 1898, and ending May 15, 1918, subject only to the payment of a monthly rental of two hundred and fifty dollars, and a covenant for the payment of certain taxes.

Defendants by their answer denied these allegations. They further alleged the facts as to the creation of the leasehold interest, and the modification of the original lease by supplemental agreements, as the same were subsequently found by the trial court. It appears from these allegations and findings that by an indenture of lease dated September…

I dissent from the order denying a rehearing. There was in my opinion abundant evidence to sustain the findings that the defendants consented to the assignment of the lease, not in express terms, but by a course of conduct which warrants the inference of consent.