Porter v. Sprague

This case is here on writ of error to a judgment in favor of Frank E. Sprague against E. E. Porter and John Porter as co-partners.

Of the numerous assignment of error the fortieth is well taken for the following reason. The plaintiff may recover only upon the case made by his declaration. When the declaration states a .cause of action and the parties go to trial upon appropriate pleas and the evidence supports the case as made by the declaration the plaintiff is entitled to recover. If the evidence does not support the declaration but does show the existence of a meritorious cause of action…