Morris v. Beach

Citations

• 191 F. 34
• 1911 U.S. App. LEXIS 4932

Syllabus

<p>Trial (§ 251*) — Instructions—Conformity to Issues.</p> <p>In an action for breach of a contract alleged to have been made directly between plaintiff and defendant, instructions which permit a recovery on a contract between plaintiff and a third party, provided the jury find that such contract was afterward assumed by defendant, are without the issues made by the pleadings, and erroneous.</p> <p>[Ed. Note. — For other cases, see Trial, Cent. Dig. §§ 587-595; Dec. Dig. § 251.*]</p>