Bloch v. Remelius

The. questions raised by the appeal are as to the performance of a written contract between the parties, the admission of testimony tending to show modifications of the agreement, although not pleaded in the complaint, and the value of extra work.

The allegation of plaintiff is that he, in all things, duly performed and completed the contract on his part; and, without averment of modification or excuse from performance, his case is full of evidence of omissions, nonperformance and waivers, none of which are pleaded, but which he.was allowed to show, notwithstanding objections- reasonably made.

D…