Hampden Corp. v. Remark, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• issue not tried by consent when evidence relevant to unpleaded issue also relevant to pleaded issue
• issue is not tried by consent when evidence relevant to unpleaded issue is also relevant to pleaded issue because “admitting that evidence would not be calculated to elicit an objection and its admission ordinarily would not prove the parties’ ‘clear intent’ to try the unpleaded issue”

Source: CourtListener parenthetical corpus (CC0).