Armour Fertilizer Works v. Dasher

1. It is complained that the judge erred in not confining his

charge to the issues made by the pleadings, in that he injected into the ease an issue as to whether or not the defendant paid-the purchase-price of the fertilizer in question to one J. E. Stapler as the agent of the plaintiff, whereas the only issue between the parties, according to the pleadings, were whether the defendant purchased from Stapler as an individual, the amount and brand of fertilizer described in the petition, and whether he paid Stapler therefor—there being no plea alleging that he made any payment to Stapler as the…