Friedman v. Urmann

Citations

• 28 Pa. Super. 440
• 1905 Pa. Super. LEXIS 219

Syllabus

<p>Pleading — Practice, C. P. — Contract—Allegata and probata — Variance.</p> <p>Where in an action of assumpsit the plaintiff declares on a verbal contract, but at the trial proves a contract materially different from that declared on, and the evidence as to the terms and extent of such contract is entirely oral, and the amount of the alleged loss is by no means clear, the plaintiff cannot recover without an amendment to the pleadings, and even if such amendment is made, the case must be submitted to the jury.</p>