Judgment unanimously reversed on the law and facts and a new trial granted, with costs to abide the event.
Memorandum:
The plaintiff should have been permitted to amend the pleadings to conform with the proof so as to allege that the rifle was purchased by William Moulton for Donald Averill and not for the plaintiff's intestate, James Averill. The court refused to do so on the ground it would result in a departure from the theory of the complaint. There was...
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