Manning v. Loew
Supreme Judicial Court of Massachusetts
46 N.E.2d 1022 (1943)
Relevant factsFree
Manning (plaintiff) alleged in her pleadings that Loew (defendant) promised her a screen test or movie role in exchange for her companionship and service, but at trial she testified Loew had actually asked her to "be like a daughter" to him — a key term of the agreement she never included in her complaint. She admitted to a sexual relationship with Loew and to a separate undisclosed relationship with another man; after Loew ended the arrangement, the trial court directed a verdict in his favor, and Manning appealed.
IssueFree
Whether, under Massachusetts law, a trial court may direct a verdict for the defendant if the plaintiff's proof does not conform to the pleadings.