Taylor v. Merrill

The questions involved in this record are more of fact than of law. The only difficulty in the case is, to ascertain accurately the facts established by the evidence.

It is a familiar rule in pleading, that a party can not set out one contract in his bill, and yet obtain relief on another and different one shown by the evidence. For this reason it becomes important to inquire, what issues the parties themselves have presented for the consideration of the court by their bill and answers.

On the eighth day of July, 1868, Hiram A. Merrill filed his bill in the circuit court of Cook county, in…