1. Weldon sued Anthony on a written contract for rent, which contained a clause that “It is understood that the property can ■ not be subleased without the consent of the owner.” Anthony filed a . plea in which he admitted a prima facie case and assumed the burden of proof; the plea being that he had subleased the premises with the knowledge and consent of the plaintiff. The defendant having admitted a prima facie case and having failed to support” his affirmative defense by evidence, the court properly directed a verdict for the plaintiff.

2. Not being fully satisfied that this case was brought to this court for *500delay only, the motion of l,lie did'ondanl in error to assess damages under § 0213 of the Civil Code, (1910) is denied.

Judgment affirmed.