Ollenu, J.A.: The plaintiff's claim is for damages, special and general, for breach of contract and loss of career. He pleaded that he was an employee of the defendant corporation, and in paragraph (5) of his statement of claim he pleaded that "the defendant corporation unlawfully dismissed the plaintiff from its employment summarily." The impression which that endorsement on the writ of summons and the statement of claim created is that the defendants dismissed the plaintiff without showing any cause.
In their statement of defence, the defendant corporation averred that they dismissed the plaintiff because he purchased "contraband goods in contravention of the rules and directives of the defendant." In reply to that defence, the plaintiff denied purchasing contraband goods, or in any way contravening the rules of the corporation.
At the commencement of the trial, learned counsel for the plaintiff invited the court to rule that by the averment in the statement of defence that the plaint…