Smart v. Valencia

If record contains amended complaint, original should be omitted. Page v. Walser, 46 Nev. 390.

Judgment must correspond with pleadings. Objection that judgment is not authorized by pleadings may be taken upon judgment roll alone. Frevert v. Henry, 14 Nev. 191.

There can be no recovery of part of consideration paid under entire or completed contract. Benjamin, Sales (7th ed.), 394.

Relief is afforded one who has paid more than he should by action for damages for breach of contract, or for rescission upon restoration of what he has received. Second Hand Supply Co. v. Boyd, 123 P. 619.

Mutual…