Briggs v. Rutherford

This action was brought to recover the amount advanced upon an option contract for the purchase of real estate. The issues of fact were submitted under clear and explicit instructions, and determined by the jury in its verdict in favor of the plaintiff. The trial court granted a new trial upon the ground that a material variance existed between the pleadings and the proof, and also suggested generally that other questions were argued, and that such motion was granted upon an inspection of the whole record.

The complaint was for money had and received, which it was alleged “defendant promised…