Central Business College Co. v. Rutherford

This is an action by the lessor, a corporation, to recover rent due from the lessee Rutherford on a written lease of Arion Hall in the Enterprise building, Denver. Defendant bank has no interest in the controversy, being a mere custodian of a certificate of deposit of another bank, which it holds, as trustee, for the benefit of the prevailing real party in interest. Upon the trial, without a jury, plaintiff was nonsuited at the close of its case and is here with its writ of error. The sole question for decision is whether the lessee, defendant, was evicted from the premises. If he was,…