Gale v. Foss

The point raised in this court, that the petition alleged two separate breaches on bonds and that the verdict should have shown the finding on each, was not taken in the court below, either by any pleading or by motion in arrest of judgment. The case was not treated as an action on a bond. The pleader evidently stated the substance of the bonds as matter of inducement, but the gist of the action was upon an amount found due on settlement. It was obviously upon this theory that the case was tried by both *277parties. They proceeded to trial on this view, and the answers of the defendants were…