American Livestock & Loan Co. v. Great Northern Ry. Co.

Appeal from District Court, Valley County; Frank N. Utter, Judge. Action by tbe American Livestock & Loan Company against tbe Great Northern Railway Company. From a judgment for plaintiff, defendant appeals. It is a general rule of pleading, whether an action is based on an express written contract, or upon a contract implied in fact, or upon a contract implied in law or upon any obligation created by law or by act of the parties or otherwise, that the terms of that contract or obligation must be correctly stated or there will be a variance. The complaint, in stating the terms of the contract…