Isaacs v. Williams

²⁰ Ubhbb, J"., delivered the opinion of the Court. The judgment for $200 which is the occasion of this appeal was obtained by the plaintiff in a suit for rent under his lease to the defendant of a room in a building on East Lexington Street in Baltimore. The issue of fact at the trial was whether the plaintiff had agreed to regard the- defendant’s assignees of his leasehold interest as being responsible for the rent accruing after the assignment, and had accepted in full and final, settlement with the defendant a check which he gave the plaintiff for the month’s rent due when the assignees took possession. By the verdict of the jury that issue was decided in the plaintiff’s favor.

There are six exceptions in the record. Eive were taken because of certain rulings on the admissibility of evidence, and one because of the court’s refusal to withdraw the case from the wry- The first exception relates to the Admission of the lease-in evidence. Its introduction was opposed on the theory that it had been materially altered by the plaintiff after its-execution. The testimony on that subject showed that the words, “Lease” and “8 East Lexington Street” were written at the top -of the paper after it was signed, and that several weeks before the trial, a pencil mark was drawn by the plaintiff through the word “Agent” appearing in the lease after his name as lessor.

It was explained that the mark was made when the plaintiff was directing his stenographer to make copies of the lease form, emitting the word “Agent,” for use in contracting with other tenants. There was no pretense by the plaintiff that he was not described as agent in the-lease when it was signed. It is clear that the line through the word “Agent” has no significance as an intended alteration. Tht penciled words at the top- of the paper obviously have-no such effect.

It was proved that the- title to- the- leased premises is in the Chesapeake Realty Company, a corporation, but that the plaintiff owns all of its capital stock. The-lease was signed by the- plaintiff individually, and he