Lunsford Co. v. Klingenberg

Clark, Judge.

This dispossessory action was predicated upon the nonpayment of rent. The affidavit instituting the proceeding set forth, inter alia, that plaintiff demanded possession of the premises. In his answer, tenant did not take issue with the averment of demand.

The case was tried by the court without a jury. Plaintiff failed to introduce any evidence showing that a demand for possession of the premises had been made. When tenant submitted evidence that plaintiff never made such a demand, plaintiff objected on the grounds that (1) the evidence was not within the issues posed by the…