Charles M. Walrath, Respondent v. Hanover Fire Insurance Company, Appellant

Summary

The Court of Appeals reversed the judgment and ordered a new trial because the plaintiff's complaint did not state a cause of action based on an oral insurance agreement and the amendment at trial that added such a claim was improper. The decision emphasizes that a plaintiff must recover according to the facts pleaded and that amendments changing the theory of the case are not permitted at the close of evidence.