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552 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. LXXV
This and the preceding section referred to in holding that when the
landlord sues for rent the tenant may recoup any damages he has sustained
by the landlord's failure to comply with his covenant to repair. Cramer
v. Baugher, 130 Md. 217.
See section 3A.
Forms of Pleadings.
24.
Allegations of declaration held insufficient either in assumpsit or cove-
nant ; assumpsit is not sustainable upon a specialty and covenant will not
lie when the payments are all due and payable. The suit being in debt on
a specialty, general issue pleas in assumpsit are improper. The general
issue plea in debt is non est factum; if other defenses are relied on they
must be specially pleaded. Merryman v. Wheeler, 130 Md. 560.
See notes to section 3.
14.
This sub-section referred to in construing article 13, sections 43, 47, 77,
33 and 14—see notes to section 47. Shaffer v. Bond, 129 Md. 659.
107.
The action of the trial court in refusing a demand for a bill of particu-
lars and for extension of time to plead held prejudicial error. Distinc-
tion between incorporating an account in the narr. and attaching an
account to the narr. Office and effect of bill of particulars. Newbold v.
Green, 122 Md. 652 (decided prior to the act of 1914, chapter 378).
108.
While under this section the fact that the defendants are partners may
be admitted, such admission does not carry with it the further admission
that the suit was on a partnership transaction or that what one partner
did in reference to it necessarily bound the other. Tippett v. Meyers, 127
Md. 531.
The defendant's signature to a note proved, although such proof was
not required under this section. Shaffer v. Bond, 129 Md. 649.
To the second note to this section on page 1650 of volume 2 of the Anno-
tated Code, add Tippett v. Myers, 127 Md. 530.
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II.
PRACTICE.
Abatement and Revivor.
26.
Whether this section is given effect or not, a libel by a stevedore filed
in the District of Maryland does not abate upon his death. The Student,
238 Fed. 936.
Amendment.
37.
An amendment of the name of an individual defendant held justified
upon the court's being satisfied that the party summoned as defendant
was in fact the party intended to be sued: leave granted accordingly may
rot be reviewed by the Court of Appeals. Abromatis v. Amos, 127 Md.
404.
To the first and second notes to this section on page 1657 of volume 2 of
the Annotated Code, add Abromatis v. Amos. 127 Md. 404.
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