Boyd v. E. F. Houghton & Co.

Citations

• 269 Pa. 273
• 112 A. 530
• 1921 Pa. LEXIS 543

Syllabus

<p>Appeals — Assignments of error — Variance—Allegata and probata' —Question not raised below.</p> <p>1. A contention on appeal that there was a variance between the pleadings and proofs, will not be considered, where none of the assignments of error indicate any request for instructions based on the alleged variance, or that such question was otherwise raised at the trial.</p> <p>Master and servant — Suit for salary — Question for jury.</p> <p>2. A case by an employee against his employer for salary, cannot be taken from the jury, where it is admitted that, in any event, a portion of the salary was due.</p>