McLendon v. Leighty

SPERRY, Commissioner.

Martha McLendon, plaintiff, sued defendant for a balance alleged to be due as rent on a house. The Court directed a verdict for defendant at the close of plaintiff’s case. Plaintiff appeals.

In the petition plaintiff sued in her individual capacity and made no allegation that she was acting as agent or in a representative capacity. However, attached to the petition and made a part thereof and filed therewith is a written instrument de*736nominated “House lease”, wherein the following appears: “This agreement made this 7th day of July, A.D.195S, -between Martha McLendon, agent,…