M & J Diesel Locomotive Filter Corp. v. Nettleton

This is an appeal from a judgment in favor of the defendant after a trial before the court, without a jury. The plaintiff, M & J Diesel Locomotive Filter Corp., initiated this suit against defendant, Eugene M. Nettleton, individually, for rent and damages allegedly due from Nettleton as a holdover tenant. The defendant contended that the lease on which the holdover tenancy was based, was not executed by him in his individual capacity, but, rather, as president on behalf of the Midwest Building Supply Company, a corporation, herein called “Midwest.”

The trial court admitted parol evidence as to…