Jones v. Pendleton

I am unable to concur in the reversal of this cause, for the reason that the testimony sought to be introduced was given upon another and different issue than the one on trial. The plaintiff’s action was assumpsit, and his claim declared on was that the defendant had promised him certain commissions upon his making sale of certain lands belonging to defendant. The proof upon the first trial showed that he did not make such sale, and therefore did not perform said contract. He recovered, however, and this court reversed the judgment, notwithstanding the fact that plaintiff offered to prove…