Meyer v. Freiman Coated Fabric Corp.

Judgment in favor of plaintiff against defendant in the sum of $7,129.46 unanimously reversed, on the law and the facts, and a new trial granted, with $50 caste to appellant, with leave to the parties to serve amended pleadings and have further pretrial procedures. The pleadings do not support the theory upon which the plaintiff tried the case; and such motion as was made to conform the pleadings to the proof was properly denied. The case was so poorly presented to the court below that no proper conclusions of substance can be drawn from the evidence to render justice to the parties. If the…