Rohlff v. Bice

Epperson, C.

Plaintiff sued to recover for a balance due for one barrel of whiskey sold by him to the defendant. Upon the trial plaintiff introduced evidence sufficient to support the allegations of his petition, and, in addition thereto, uncontradicted evidence that he was a licensed liquor dealer, and that the sale was made under his license. Upon the conclusion of the evidence the court on his own motion instructed the jury to return a verdict for the defendant, because, as stated by the trial court, “a party must confine his evidence to the allegations contained in his pleadings, and he…