Dobbins v. Higgins

We perceive no error in refusing a continuance by the court below. It was stipulated by the parties that plaintiff might introduce any evidence that would be admissible under any special count that could be drawn on the contract, and defendants might introduce any evidence that would be admissible under well drawn special pleas to the action. Suppose that there had been a special count, claiming extra pay on account of hard-pan excavation, would it not have apprised defendants of such a claim as fully as adding a charge for that item ; and defendants had stipulated as to the introduction of…