Jackson v. Chicago, Burlington & Quincy Railroad

As originally pleaded, appellant’s canse of action was based upon the alleged oral agreement of appellee’s agent to furnish a suitable car for the shipment of cattle from Weldon to Ottumwa, Iowa, on a definite day. After the evidence was all in, appellant requested permission, which was granted by the court, to file an amendment to his petition for the purpose of conforming the pleadings to the proof. In this amendment, appellant asked judgment upon an alleged written order for the car. The defense interposed by appellee was that the oral contract was not binding upon appellee for the reason…