[1] Pleading — Case Presented — Bight op Becidvery.—A plaintiff must recover, if at all, upon the ease made by the pleadings, and not upon a case which may be developed by the proofs.

[2] Id.—Admission of Evidence Without Objection—Waiver of Objection That no Issue Presented.—Where a cause is tried upon the theory that a certain fact is in issue and evidence thereon is received without objection, it is too late thereafter to complain that no such issue was presented.

[3] Corporations—Sale of Stock—Duty of Secretary to Disclose - Price Offered—Participation by Other Stockholders in Bonus Deceived.—One who is a stockholder and the secretary of a corporation is under no legal obligation to disclose to the other stockholders that he has received an offer of a given amount per share for his stock in the corporation if such other stockholders will sell at a lesser amount per share to the extent that the purchaser may secure a given number of shares; and if such other stockholders, uninfluenced by the secretary, are willing and agree to and do sell at the lower price, they have no claim upon the additional price or bonus received by the secretary.

[4] Id.—Pooling of Stock—Joint Adventure not Created.—A joint adventure does not exist where property is pooled by the several owners to be sold at a particular price, and each contributor is to receive the proceeds of the property contributed by him.

[5] Judgment -of Dismissal — Stipulation for — Bes Adjudicata.— Where the parties to an action, through their respective counsel, stipulate in open court for the dismissal of the action and the payment of their respective costs, and judgment of dismissal is thereupon entered, that judgment constitutes a bar to another suit afterward brought upon the same cause of action.

[6] Id.—Becitals in —When Conclusive.-—The recitals in a judgment of dismissal showing that the parties to the action, through their respective counsel, stipulated to the dismissal of the action and the payment of their respective costs, in the 'absence of evidence to the contrary, are conclusive upon the parties.

[7] Id.—Entry upon Stipulation—Judgment on Merits.—Where the parties appear in open court and stipulate for a dismissal the situation is not covered by section 581 of the Code of Civil Procedure, but a judgment entered thereon is a judgment on the merits as contemplated by section 582 of said code.