The Ernsts (plaintiffs) owned a tract of land which they leased to Rogers in 1960. Rogers built up a Go-Cart business on the land and operated it for a year under the terms of the lease. Conditt (defendant) bought the Go-Cart business from Rogers. With respect to the land, the Ernsts and Rogers executed a second document which extended the lease term through July 1962 and granted permission to Rogers to “sublet” the land to Conditt, on the condition that Rogers remain liable under the lease. Conditt and Rogers then executed a document under which Rogers “sublet” the premises to Conditt. Conditt operated the business on the land from August through November 1960. He failed to pay rent for most of that time, claiming that he was not liable to the Ernsts for rent. In July 1962, near the expiration of the lease, the Ernsts demanded from Conditt full payment of the back rent and for removal of the improvements to the land. Conditt did not respond, and the Ernsts sued him. The trial court found that the conveyance from Rogers to Conditt was in fact an assignment, and that Conditt was liable to the Ernsts for the relief requested. Conditt appealed.