Diversified Growth Corp. v. Equitable Leasing Corp.

Bell, Chief Judge.

Plaintiff brought suit to recover on three written contracts for the lease of personalty. A judgment in favor of the plaintiff was entered and defendant appeals. Held:

Defendant complains that the trial court erred in admitting into evidence the original contracts on which this claim was based. The objection made was that the execution had not been proven as plaintiff had not produced a subscribing witness as required by Code § 38-706. The statute requires that the subscribing witness "shall be produced in all cases” except in five cases of which none apply here. While…