Hastings v. Speer

Citations

• 34 Pa. Super. 478
• 1907 Pa. Super. LEXIS 165

Syllabus

<p>Pleading — Statement of claim — Anticipatory replication — Allegata and probata — Evidence.</p> <p>It is a general rule of common-law pleading which is equally applicable to pleading under the Pennsylvania statute, that a plaintiff is not bound to anticipate and therefore is not compelled to notice and remove in his declaration every possible answer, objection or defense with which the adversary may oppose him.</p> <p>Where a plaintiff needlessly introduces matters into his statement that do not lie at the foundation of his right of action, he is not bound to prove them.</p> <p>In an action to recover for goods sold and delivered, where the defendant introduces evidence tending to show a new agreement between the parties after the delivery of the goods, and so conducts the defense as to show that what was done under the new agreement went only to the question of the amount of the defendant’s liability upon the original contract, he cannot complain that the plaintiff was permitted to go into the same matters in rebuttal, nor can he complain, after a trial on the merits and a verdict and judgment against him, of a departure from the statement of claim.</p>