Gordy v. Veazey

Plaintiff took his bill of exception to the ruling of the •court which, permitted ihe defendant to establish by witnesses the value of certain items of the work sued for by plaintiff on the ground that having sued lor the value of the work as a whole, without setting any specific value on the separate items of the work, and the defendant having substantially accepted in his answer the issue presented, the testimony offered was not confined to the issue, but was calculated to take him (plaintiff) by surprise.

If the testimony offered could have the effect of taking plaintiff by surprise, this…