Stratford Co. v. Continental Mortgage Co.

In its inception this action was one in unlawful detainer for nonpayment of rent. The complexion of the litigation, however, was materially changed by the filing, pursuant to an order of the trial court, of an amendment to the complaint to conform to the proof. We shall lay aside a contention of respondents that the court was without power to permit the filing of the amendment and shall proceed to a discussion of the merits of the question which appellant seeks to present. The judgment was in form in favor of plaintiff, but as the court refused to award it the full measure of relief for which it contended, that party appeals.

Appellant, a landlord, insists that it was entitled to ■ a judgment declaring a forfeiture of a lease out of which the rights and duties of the respective parties spring, and it is that relief which was denied by the trial court. The lease contained a paragraph forbidding assignments of the in strument without the consent of the lessor. A part of the paragraph follows, with our italics: “It is expressly made a condition of this lease that in the event that any person, other than the lessee named herein, shall secure possession of the interest of the lessee…