Adolph Spear & Co. v. Empire Lace & Embroidery Co.

The opinion of the court was delivered by

Black, J.

There is hut a single question in this ease to be decided, viz., whether an action can be maintained on the covenants in a written lease to pay rent, the lease not having been signed by the lessor and the lessee not having entered into possession. The execution of the lease by the lessee was proved by the subscribing witness. The lease was then admitted in evidence. When the plaintiff rested its case, and also at the close of the case, a motion was made for a nonsuit and judgment for the defendant, on the ground that the suit was on the…