Regal Properties v. Greenberg

GUITTARD, Justice.

This case turns on whether the trial court should have rendered judgment for the plaintiff on a ground of recovery established by evidence at the trial but not supported by pleading. We hold that recovery was properly denied.

The action arose out of the lease of a building from Regal Properties to Murfy’s Self Service Shoes, Inc. Gilbert Greenberg, president of Murfy’s, signed the lease on behalf of the corporation. The lease grants the lessor a lien covering all the lessee’s personal property on the premises in the event of default in payment of rent.

Regal sued both Murfy’s…