Hagberg v. Haas

This is an action against the administrator of the estate of W. P. Kernin, deceased, to recover the value of timber alleged to have been sold by plaintiff to Kernin. At the conclusion of plaintiff’s case, the court, on motion of defendant, granted a judgment of involuntary nonsuit from which plaintiff has appealed.

As the defendant challenges not only the sufficiency of the evidence, but also the sufficiency of the complaint, and contends further that the ground of recovery stated in the complaint is different from that stated in the claim presented by plaintiff to the administrator, we set…