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208 Cal.App.2d 305 (1962) ERNEST FLYNN et al., Plaintiffs and Appellants, v. SUSIE P. MIKELIAN, Defendant and Respondent. Civ. No. 25915. California Court of Appeals. Second Dist., Div. Three. Oct. 9, 1962. Carroll, Pares, Blakey & Battin and David Howard Battin for Plaintiffs and Appellants. Y. B. Arsen for Defendant and Respondent. *307 FORD, J. The primary question involved on this appeal is the nature of the rights of the plaintiffs, assignors of a lease of real property, at the time of the acts of the defendant lessor of which complaint is made. The appeal is from a judgment for the defendant. On November 6, 1957, the defendant leased the premises involved to certain persons who thereafter assigned the lease to Zelman Soskin. On July 2, 1958, Soskin sold the business being operated on the property to the plaintiffs, Mr. and Mrs. Flynn, and assigned the lease to them. The lease contained a provision which was in part as follows: "Lessee shall not assign this lease ... without the written consent of lessor first had and obtained, and a consent to one assignment ... shall not be deemed to be a consent to any subsequent assignment. ..." Such written consent to the assignment to the plaintiffs was obtained. In the document in which such consent was evidenced was an agreement executed by the plaintiffs whereby they did "agree to be bound by the terms, conditions and covenants [of the lease] ..., the same as if originally executed by them as Lessees." On March 24, 1959, the plaintiffs sold the business to Clyde B. Wright and assigned the lease to him. In the document embodying the assignment was an agreement executed by Wright wherein he undertook "to assume and be bound by all of the terms and conditions of the said Lease which the Lessee therein agrees to be made and performed." The consent of the defendant lessor was expressed in the following language: "The undersigned Lessor hereby consents to the above Assignment of Lease to Clyde B. Wright waiving none of his and/or her rights thereunder as to the Lessee or the Assignee." The nature of the controversy is indicated by the following findings of fact of the trial court: 1. The rent due on September 1, 1959, was not paid. 2. On September 16, 1959, the defendant lessor discovered that the premises had been vacated by Wright and the defendant entered the premises after having a door opened by a locksmith. [fn. 1] 3. Since September 16, 1959, the defendant has refused to deliver possession of the premises to the plaintiffs. 4. After September 16, 1959, the defendant removed the fixtures and equipment from the premises *308 and stored them for "the account of Soskin and/or Plaintiffs who then and there were the holders of chattel mortgages against said personal property." The pertinent evidence before the trial court will be stated. Mr. Flynn, one of the plaintiffs, testified that he and his wife entered into possession of the premises