Wilkinson Manufacturing Co. v. Welde

Citations

• 196 Pa. 508
• 46 A. 852
• 1900 Pa. LEXIS 547

Syllabus

<p>Practice, O. P. — Pleading—Allegata and probata — Trial—New trial.</p> <p>In an action of assumpsit where the defendants deny in their affidavit of defense that they executed the contract sued upon and plead non assumpserunt, and at the trial produce, in pursuance of notice, the real contract, the plaintiffs will not be permitted, unless they amend their statement, to offer the same in evidence, it being materially different from the one declared on. If the trial court sustains such an offer, a judgment for plaintiff will be reversed by the Supreme Court, and a new trial awarded.</p>