McAllister v. Union Indemnity Co.

The question here is whether the relief afforded plaintiff was within the scope of the issues framed by the pleadings in the cause.

The amended complaint alleged breach of an oral contract for employment of plaintiff by defendant for one year from August 16, 1928, at an annual salary of $11,000, through the wrongful discharge of plaintiff on September 15, 1928. The answer, among other things, alleged as a third separate defense that said contract, if any, was mutually canceled on said September 15th. The court found this to be the fact and that upon said mutual termination of the employment…