Bandel v. Erickson

Citations

• 3 Pa. Super. 389
• 1897 Pa. Super. LEXIS 28

Syllabus

<p>Pleading — Waiver of teehniealities — Implication thereof.</p> <p>The strictness formerly maintained in relation to pleading lias, in this state become greatly relaxed. A neglect to compel the opposite party,!to perfect the pleadings will be construed as a tacit agreement to waive matters of form and try the cause on its merits.</p> <p>Actions — Pleadings—Avowry.</p> <p>•There being no general issue upon an avowry, matter of defense must be specially pleaded. The system of short pleadings which prevails in this state, however it may serve in other cases, is not to be commended in pleading to an avowry; it is better and safer to plead, in extenso, the matter of defense.</p> <p>Landlord and tenant — Denial of title by lessee.</p> <p>It is well settled that a lessee will not be permitted to deny the title under which he has entered, and hold possession against it; but though the tenant may not deny that the landlord had title when the demise was made, he may show that this title has since determined</p>