Meaders v. Jones

Townsend, Judge.

It is contended by the plaintiff in error, first, that there is no evidence to justify a verdict in favor of the plaintiff, and, secondly, that the plaintiff is not entitled to recover except under the terms of a contract as pleaded and proved by himself. It is always true that one cannot recover on a cause of action, no matter how well sustained by proof, which is different from or at material variance with the cause of action set out in the declaration. Williams v. Eldridge, 53 Ga. App. 445 (186 S. E. 217); Central R. & Bkg. Co. v. Cooper, 95 Ga. 406 (22 S. E. 549); Dixie…