Pursel v. Reading Iron Co.

Citations

• 236 Pa. 79
• 84 A. 659
• 1912 Pa. LEXIS 716

Syllabus

<p>Practice, G. P. — Parties — Action allegata and probata.</p> <p>1. Where a suit is brought in the name of an administratrix on a deed or contract, and subsequently an amended statement is filed setting forth a later agreement differing in certain of its terms from the earlier one, and the cause of action is declared to be in the heirs and not in the administratrix of the deceased, the action cannot be sustained by putting in evidence the earlier writing and showing that the defendant had failed to comply with its terms.</p> <p>2. The plaintiff cannot recover in a suit where he avers in his pleadings a cause of action in one party and proves a right to recover in another party.</p>