What is the test for proving only the allegations in a statement of claim?
Saskatchewan, Canada
The following excerpt is from Morrison v. Heming, 1921 CanLII 307 (SK QB):
In this case if the plaintiff proved only the facts alleged in the statement of claim then as it would be disclosed by the agreement in question that the same was one for the purchase of land and contained the terms set forth in the affidavit of the defendant the action would fail as there is no allegation of the possession of title by the plaintiff or his readiness to convey which are material facts that go to the root of the action and must be pleaded. Landes v. Kusch (1915), 1915 CanLII 190 (SK CA), 24 D.L.R. 136, 8 S.L.R. 32.
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