464. Assignee's implied liability at common law to indemnify tenant.

By taking the estate subject to the payment of rent and the performance of the covenants in the original lease, the assignee makes it his duty to pay the rent and perform the covenants, and from this duty the law implies a promise on his part1. Therefore, although both tenant and assignee are liable to the landlord, as between themselves the assignee is primarily liable while the term is vested in him; and, after paying the debt or discharging the obligation, the tenant has his remedy over against the assignee2. The liability of the assignee continues only so long