Weintraub v. Weingart

BURNELL, J., pro tem.

This is an appeal from a judgment in favor of plaintiff in an action in unlawful detainer. The cause of action set up in the complaint was grounded upon the alleged assignment by the defendant and appellant Weingart of a lease containing a covenant against assignment. The answer denied that there had been any assignment and by way of a second defense plead estoppel.

The grounds urged by appellants in seeking a reversal of the judgment are, first, that the evidence is insufficient to support the finding that the lease had been assigned; second, that it is insufficient to…