Eichner v. Cahill

Plaintiff, who was designated in the caption of the complaint as “Fred Eichner, Trustee,” brought this action to recover rental claimed to be due from the defendants under a written lease of real property.

After issue had been joined by the pleadings, the cause came on for trial before the court. Defendants objected to the introduction of any evidence and moved for dismissal on the ground that the plaintiff was not the real party in interest. The motion was denied. The only testimony in the record is that of plaintiff in his own behalf. He testified that he was the owner of the real property…