Oboler v. Miller

Plaintiffs brought suit to recover from defendant, an assignee for benefit of creditors, $81.18, the alleged value of the use and occupation of premises leased to defendant’s assignor, claiming actual possession by defendant from January 1 to 18, 1932. At the close of the evidence the cause of action was amended, without objection, by demanding $140, rent in advance due January 1, 1932, under the written lease to the assignor.

Judgment was rendered in favor of plaintiffs in accordance with the amended complaint in the sum of $140, with interest and costs.

The assignment dated December 28, 1931,…