Corson

— This action was brought by plaintiff, Corson, as assignee, to recover from the firm of A. Berson & Son the sum of $1,050, due for rent, for three and one half months, on a lease made and delivered to them by the firm of Ewing, Plum & O’Brien, plaintiff’s assignors. A. Berson & Son admitted, by their answer, that they occupied the leased premises during the period *435 above mentioned, but denied that such occupation was under or pursuant to the lease relied upon by plaintiff, and averred that during that time they held under a verbal agreement with Ewing, Plum & O’Brien, by which they, A. Berson & Son, were to hold and pay rent for the premises, and did hold and pay for the same, at the rate of $150 per month.- With their answer, they filed a cross-complaint, bringing in, as parties to the action, Ewing and Plum, and Flood and Coleman, the executors of O’Brien, the deceased partner of Ewing and Plum.

By this cross-complaint, they alleged that on or about March 1, 1884, Ewing, Plum & O’Brien let the premises to A. Berson & Son, from month to month, upon the same rental that the lessors might get for an adjoining store which they, from and after said date, and up to June 1, 1885,…