Houck v. Williams
Supreme Court of Colorado
Appeal from the County Court of Teller County: Hon. Albert S. Frost, Judge. The appellee, Williams, plaintiff below, by a written lease signed by him as the owner let to appellant Houck, defendant below, a store building in Cripple Creek for the term of two years beginning January 1, 1899, and ending December 31, 1900. Before the- expiration of the lease the lessor notified the lessee to vacate at the end of the term and deliver possession to him.
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Appeal from the County Court of Teller County: Hon. Albert S. Frost, Judge. The appellee, Williams, plaintiff below, by a written lease signed by him as the owner let to appellant Houck, defendant below, a store building in Cripple Creek for the term of two years beginning January 1, 1899, and ending December 31, 1900. Before the- expiration of the lease the lessor notified the lessee to vacate at the end of the term and deliver possession to him. Lessee refused to do this; hence this action in unlawful detainer. In the first defense of his answer the- lessee admitted ownership of the…
1Opinion of the CourtJustice Campbell
1. The first objection on which appellant relies is to the ruling of the trial court refusing defendant’s offer to prove that plaintiff was not the real party in interest. There was no error in this. ' The contract of leasing was made with the plaintiff and in his name; therefore the case falls within section 5 of our Civil Code, which says that a trustee of an express trust may sue without joining with him the person or persons for whose benefit the action is prosecuted; and within the meaning of the section a trustee of an express trust includes “a person with whom or in whose name a…
2Cases cited5 opinions
- Merchants' Bank v. McClellandSupreme Court of Colorado · 1886
- Rawlings v. FullerIndiana Supreme Court · 1869
- Rockwell v. HolcombColorado Court of Appeals · 1892
- Sears v. SmithSupreme Court of Colorado · 1877
- Faust v. GoodnowColorado Court of Appeals · 1894
3Cited by4 opinions
- Wood Bros. Homes, Inc. v. HowardSupreme Court of Colorado · 1993
- Stratton Cripple Creek Mining & Development Co. v. EllisonSupreme Court of Colorado · 1908
- City & County of Denver v. MorrisonSupreme Court of Colorado · 1930
- Wood Bros. Homes, Inc. v. HowardSupreme Court of Colorado · 1993