Braker v. Deuser

Citations

• 49 Pa. Super. 215
• 1912 Pa. Super. LEXIS 312

Syllabus

<p>Landlord- and tenant — Conveyance of premises — Assignment of lease— Liability of rent to grantee — Attornment-—Statute of 32 Henry VIII, Chap. 34-</p> <p>1. Where demised premises have been conveyed by the owner to another person, the tenant is hable to the grantee for rent from the date of the delivery of the deed, without any assignment of the lease to the grantee, and without any attornment by the tenant to the new landlord.</p> <p>Landlord and tenant — Husband and wife — Parties—Amendment.</p> <p>2. Where an action is brought in the name of a husband as the agent of his wife for rent due the wife, and the pleadings show that the right existed in the wife, and the case is proceeded with on its merits and results in a judgment for the plaintiff, such judgment will not be reversed because the action was brought in the name of the husband as agent, inasmuch as the appellate court will consider the record amended so as to make the name of the party plaintiff conform to the pleadings.</p> <p>Landlord and tenant — Amendment—Variance—Trial on merits.</p> <p>3. Where in an action for rent there is a variance between the lease pleaded and the lease signed by the defendant and produced by her, and no objection is made at the trial, and the case is tried on its merits and results in a judgment for the plaintiff, such judgment will not be reversed, inasmuch as the variance was the subject of amendment in the court below.</p>