Gilbert v. Bostona Mines Co.

On Motion for Rehearing

Mr. Justice Choate:

Defendant’s petition for rehearing is based chiefly on the contention that plaintiff’s testimony on cross-examination differs from that on his direct examination in that the latter tended to establish the contract pleaded in the complaint, namely, an agreement to perform labor for defendant in surveying a pole line at an agreed compensation of $10 a day, while the former tended to establish that plaintiff agreed to make a complete survey of said line at all points, including the furnishing of maps, etc.

It is therefore urged that this case is governed…