Richardson v. Bricker

We will not determine whether, in an action of this kind, without written pleadings, it is error, at the trial, to allow proof in rebuttal of a new promisé after defendant has offered the statute of limitations in bar of the action. It appears from the. record, though not from the abstract thereof, that plaintiff attempted to introduce evidence of the new promise, in chief, but that defendant objected, and the court ruled it' out. We think that defendant is estopped from taking advantage of an error, if such it be, in the order of proofs for which he is himself responsible.

rSTearly eleven…