South Carolina Railroad v. Barrett

Citations

• 12 S.C. 173
• 1879 S.C. LEXIS 50

Syllabus

<p>1. In an action by a principal against bis agent, charging violations of a parol contract, the plaintiff, without objection from defendant, introduced in evidence a bond executed by such agent prior to the alleged breaches, conditioned for the faithful performance of his duties as such agenq Held, that the defendant had waived the right to make afterwards the objection that there was a variance between the pleadings and the facts proven. McIver, A. J., dissenting. „</p> <p>2. A referee may, after the hearing before him, permit the plaintiff to amend the complaint, for the purpose of conforming the pleadings to the facts proven. In this case, such amendment .was not necessary. McIver, A. J., dissenting, and holding further that, even if amendment was proper; the defendant should have had opportunity to answer.</p>