Roberge v. Cambridge Cooperative Creamery Co.

How courts have described this case

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

• recognizing rule that parties are “bound by the pleadings unless the other issues are litigated by consent”
• noting that “if only an express contract was alleged, recovery could not be had on the basis of Quantum meruit [implied contract] unless the issue was litigated by consent”
• finding consent where party failed to object to evidence outside of the issues raised in the pleadings
• implying appellant's consent to litigation of affirmative defense not raised in respondent's pleadings because appellant failed to object to the court raising the issue
• implying appellant’s consent to litigation of affirmative defense not raised in respondent’s pleadings because appellant failed to object to the court raising the issue
• stating that the rules of civil procedure are “very liberal” in permitting the amendment of pleadings and that “[w]here a party fails to take advantage of this procedure, he is bound by the pleadings unless the other issues are litigated by consent”

Source: CourtListener parenthetical corpus (CC0).