King's Adm'r v. Lambden

4 Del. 283

• Court: Superior Court of Delaware
• Decided: July 5, 1845
• Status: Published

Opinion

The Court.

—The defendant has not avowed for rent due under this lease, and has made no reference to it whatever. If he had set it out in his avowry, or stated that the rent was due in pursuance of it, the objections now stated would be fatal as matters of variance; but the party is authorized by our act of assembly to avow generally without setting out the lease or agreement under which the rent is claimed. The defendant has done so here. He has avowed the talcing the goods for rent in arrear and due for a certain farm, &c. This he may prove by the produgfcjof a writtén lease or a paroi agreement; and if the paper now^^ed is for a different place than the one referred to in the avowry it proves nothing, but it is not objectionáble on any ground of variance from the avowry, because there is no reference to it in the avowry.

Lease admitted; exception prayed and granted.

Verdict for $41 59.