Jim Walter Corporation v. Gilbert

WRIGHT, Judge.

Plaintiffs sued Jim Walter Corporation and Willie C. Gilbert in assumpsit, -alleging a joint written contract with defendants and a joint breach thereof. Upon--offer of the contract into evidence, defendant duly objected on the ground that the contract clearly showed on its face that it was not a contract executed jointly by defendants, but was executed by Willie C. Gil'bert only as an agent of and on behalf of _Jim Walter Corporation. The exhibit thus constituted a variance from the allegations of the complaint and was inadmissible. 'This objection was overruled by the court.

The…