Clark v. Lindsay

Citations

• 7 Pa. Super. 43
• 1898 Pa. Super. LEXIS 229

Syllabus

<p>Landlord and tenant — Reservation of right of alteration and repairs.</p> <p>Where the lease of a farm explicitly reserved to the lessor the right “ to make any changes or alterations to the mansion house during the year,” such reserved right to make alterations and repairs carried with it the incidental right to cast upon the lessee the reasonable consequences of exercising it, so far as these might affect his leasehold; and it was-error to instruct the jury that the lease must be construed so as to limit the lessor to “ such reasonable alterations as would not interfere with the tenant’s occupancy of the leased premises, and would not be inconsistent with his enjoyment of the estate granted.” Nothing but want of due care in making the repairs could give the plaintiff a right of action ; if negligently made they were properly charged as a trespass to which the reservation could be no defense.</p> <p>Practice, O. P, — .Pleading—Allegata and probata — Issue.</p> <p>Under the Procedure Act of May 25, 1887, P. L. 271, the declaration is required to be not only a concise but a precise statement of the plaintiff’s demand, exhibiting with accuracy and completeness the ground on which recovery is sought. It is not enough that the evidence may show a cause of action; it must show the cause laid in the declaration. The plaintiff does not recover on proof alone; he recovers secundum allegata et probata. In trespass especially the ground of complaint should be stated so distinctly that the real issue may be formed by the plea of not guilty, since this is the only plea permitted.</p> <p>Where, at common law, the issue would have been formed by a plea of light, and the replication de injuria, the precise issue should be raised under the general issue and notice of special matter.</p> <p>. When fraud, accident or mistake is made the ground for impeaching the terms of a written instrument, the ground of impeachment should be directly averred in the pleading, and the real terms