Doggett Lumber Co. v. Perry

Tbe plaintiff declared on one contract for a stated amount. Tbe defendants tendered judgment on another and different liability for a lesser amount. Tbe tender was not accepted under tbe statute, C. S., 896, wbicb put it at an end, and it was again refused in open court at tbe close of tbe evidence. Tbe plaintiff elected to stand upon tbe cause of action set out in its complaint and lost. Tbe modification wbicb it now seeks was declined in tbe trial court and was not advanced on tbe original bearing bere. 3 Am. Jur., 350. Its later motion in tbe Superior Court was resisted on tbe ground of…