Johns v. League, Duvall & Powell Inc.

Bell, Justice.

The defendant (now plaintiff in error) contends that the plaintiff was confined by its allegations to recovery upon an express contract, that the evidence did not disclose any middle or intermediate ground as to the amount sued for, and that, under the pleadings, evidence, and charge of the court, if the jury believed the evidence for the plaintiff, they should have found in his favor for the full amount sued for, while if they believed the evidence for the defendant, they should have returned a verdict entirely in his favor. Assuming that this is a correct view of the case as…