Deming v. Darling

This is an action for fraudulent representations alleged to have been made to one Dr. Jordan, the plaintiff’s agent, for the purpose of inducing the plaintiff to purchase a railroad bond from the defendant. It appears that the bond was purchased from the defendant’s firm, and not from the defendant alone; but we shall not consider very carefully whether this constituted a variance, since, if it did, an amendment would be allowed at any time. If the contract had been sued upon, instead of being a collateral matter, nonjoinder would have had to be pleaded in abatement, and there seems to be no…