Warner v Sampson

Subject Matter

LANDLORD AND TENANT — Forfeiture of lease — Repudiation of landlord's title — Action by landlord for possession — General denial of statement of claim. in defence — No affirmative setting up of adverse title — Whether general denial creates forfeiture — Defence amended to admit landlord's title before any effective step taken by landlord to claim forfeiture — Effect of amendment.

PRACTICE — Pleadings — Action for possession — General denial — Whether causing forfeiture of lease.

PRACTICE — Pleadings — Amendment — Effect — Retroactive — Amendment of defence to admit landlord's title before any effective step taken by landlord to claim forfeiture — Whether amendment effective to exclude right to forfeiture.

PRACTICE — Pleadings — General traverse — No effective distinction between denial and non-admission — General traverse putting plaintiff to proof.