Newsome v. Potter

OPINION OF THE COURT

Morton M. Z. Lynn, J.

The plaintiff brings this small claims proceeding to recover rent she paid to the defendant for an apartment she never occupied. The action appears to be one in contract for a liquidated sum of money. It would seem that if the defendant did not appear on the return date, the plaintiff should be entitled to recover a default judgment.

In fact, all transactions between the plaintiff and the defendant were through the defendant’s brother, Daniel Potter, who is the defendant’s agent in the handling of the rental of his apartment. Daniel, who is not a lawyer…