Grim v. Rohn

Citations

• 53 Pa. Super. 59
• 1913 Pa. Super. LEXIS 131

Syllabus

<p>Practice, C. P. — Amendment—Form of action — Statement of claim— Trespass — Assumpsit.</p> <p>1. Where the parties to an action of trespass agree that the case be amended so as to change the form of action to assumpsit, and the case goes to trial without amendment of the statement, and a verdict and judgment is rendered for plaintiff, the appellate court will consider the statement as amended so as to conform to the evidence showing a cause of action in assumpsit.</p> <p>2. In such a case as the cause of action is founded upon a contract, so much of the original statement as sounded in tort, may be waived, and the action of assumpsit maintained.</p> <p>Landlord and tenant — Way-going crops — Lease.</p> <p>3. Where by the terms of a lease the tenant is to receive one-half of the crops and the landlord one-half, a provision in the lease that “when the lessee leaves said farm he must leave the crops sowed for his successor to harvest for the fourth bushel” does not increase the landlord’s share. The outgoing tenant is entitled to one-fourth after the incoming tenant receives his one-fourth for the harvesting.</p>