Burg v. Betty Gay of Washington, Inc.

Opinion by

Mr. Justice Cohen,

This is an appeal by plaintiff from tbe action of tbe court below granting defendant’s motion for judgment on tbe pleadings. Action was instituted by a complaint in assumpsit alleging the breach by defendant as lessee of a written twenty-one year lease agreement with plaintiff, in which agreement a third party was named as lessor. Plaintiff sued as the real party in interest, despite the fact that his signature does not appear on the lease. Rather, the lease was signed by the third party and the president of defendant corporation. The terms of the lease agreement…