Bell v. Westbrook

CLAGETT, Associate Judge. This appeal arises from a suit for possession of commercial property at the expiration of a term lease. At the Conclusion of plaintiff's case the trial court granted defendant's motion to dismiss and thereupon entered judgment for defendant. Plaintiff prosecutes this appeal. Plaintiff is the owner of the premises in question. During 1945 he entered into personal negotiations with defendant, and they agreed upon the terms of a lease. In the presence of defendant he thereupon telephoned Thomas J. Fisher and Company, his real estate agent, and directed that firm to prepare the lease. A written lease in accordance with such agreement was entered into between defendant and the real estate firm for the rental of the property for eight months 'to end, without notice, December 31, 1945,' at $125 a month. Plaintiff did not sign this lease, nor did his name appear upon it.