Baker

Action to recover two months’ rent for certain premises situated in the city of Los Angeles. Plaintiff had judgment, from which and from the order denying its motion for a new trial defendant Maier & Zobelein Brewery (hereafter referred to as defendant) appeals. The lease was originally made to the firm of Charles Bauer & Co., composed of Charles Bauer and J. A. Kelly, and plaintiff alleges that they assigned said lease to defendant in writing, and that defendant entered upon and possessed the premises for the months of February and March, 1898. The complaint is verified, and the answer denies specifically its allegations. The court found that Bauer and Kelly leased the premises for a term of eight years; that defendant acquired said lease, and went into possession and occupied said premises for the months of January, February, and March, 1898; that defendant agreed with plaintiff to pay the rent, and paid the rental for the month of January, and agreed to pay said rent while the premises were occupied by defendant.

It is contended that there is no evidence to show that defendant acquired the lease from Bauer and Kelly, nor that it agreed to pay rent for the premises; that the…