Madden

On March 14, 1932, the appellant, upon his appointment by the court below as ancillary receiver of the Piggly-Wiggly Yuma Company, a corporation, took into his posses *603 sion, as such receiver, the company’s grocery business in Yuma, Ariz. The grocery business was earned on in a building leased by the company from the appellee, under two leases expiring on July 1, 1934, and October 6, 1934, at a monthly rental of $350.

The appellant conducted the grocery business until November 16, 1932, when he delivered it to Herman J. Schwartz, for $2,250. The appellant paid the appellee the full amount of the rent stipulated in the two leases during his entire occupancy of the premises.

On November 23, 1932, the appellant, without notice, petitioned the court below for an order authorizing the sale to Schwartz of the fixtures and stock of merchandise of the store, and the assignment to Schwartz of the leasehold interest in the premises for $2,-250’. On the same day, a,n order was entered authorizing- such sale and assignment, without notice to the appellee, and the sale and assignment were consummated.

On November 30, 1932, the appellant notified the appellee’s attorney at Los Angeles,…