Varela v. Miller

But for the question of jurisdiction raised for the first time on appeal, this case would require no formal expression of the view of the majority of the court. The finding below that the tenant violated a substantial obligation of the lease which he failed to cure after proper written notice and created a nuisance which he permitted to continue is amply sup*89ported by the evidence. The petition in the summary proceeding adequately alleged the foregoing as the grounds on which possession of the demised premises was sought. On the trial the tenant did not challenge the sufficiency of the…