Schultz

Appeal from an order of the District Court sustaining an order of the Referee in Bankruptcy confirming title of the Trustee in Bankruptcy to certain equipment, ownership of which was asserted by the appellant herein.

On or about September 10, 1930, the appellant, Niels Schultz, entered into a written agreement with California Fruit Juice Company, Ltd., the bankrupt herein, under the terms of which the appellant leased certain real property to the bankrupt for the term of six years, commencing on the 1st day of October, 1930, and terminating on the 30th day of September, 1936. The lease contained the following provisions :

“The Lessee further agrees not * * to place or permit to be placed, in, upon or about the said premises any unusual or extraordinary signs; and hereby acknowledges that the Lessor has reserved the exclusive right to the roof and all exterior *766 sidewalls of the said premises, and the same are not covered hy this lease and are not to be used by the Lessee for any purpose whatever.”

“The Lessee further agrees not to assign this lease, or any interest therein * * without the written consent of the Lessor * * * and that, unless such written consent has been had…