Goldstein

This is an appeal from a judgment on nonsuit granted upon motion of defendant at the close of the evidence for plaintiff.

The action is for forcible entry and detainer, and the complaint is so drawn as to state a cause of action under both sections 1159 and 1160 of the Code of Civil Procedure.

The only ruling presented for review, aside from the order granting the nonsuit, is the action of the court sustaining an objection of defendant to the offer of a receipt dated April 20, 1906, and shown to have been signed and delivered that day by “Baldwin & Howell, agents.” The instrument purported to be a receipt for $25 as a deposit on account of rent of the premises sued for at $60 per month, for the term of one year commencing on the first day of May, 1906. The objection was upon the ground, among others, that it was. void as against defendant, no written authority to the agents being shown, and the lease being for a term to commence in the future. At the time of the offer no written authority had been shown. Subsequently plaintiff proved that no written authority had ever been given by the defendant to Baldwin & Howell. Treated as a lease the instrument was void as against…