This section contains the nature of the case and procedural background.

P's predecessor, as lessor, and D, as lessee, executed a five-year lease for store premises. The terms of the lease stipulated that 'The tenant may assign this lease, provided he gets a written consent from the landlord.' D assigned the lease to Moskowitz; the assignment was made with P's written consent and upon condition that the assignor and the assignee were to remain liable on the lease for the balance of its term. Moskowitz assigned the lease to Maria and Wilfred Christensen who agreed to comply with all of its provisions. This assignment was made with P's written consent but without D's consent. The Christensens defaulted and vacated the premises. P sued D and the assignees claiming rent and water charges due under covenants in the lease and damages for breach of a covenant to keep the premises in repair. Summary judgment for rent in the sum of $1,172.50 and water charges in the sum of $45 was entered, and D appealed, contending that upon the first assignment of the lease he became a surety and that upon the second assignment without his consent he was discharged from further liability on the lease.

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