236 Pa. 79 | Pa. | 1912
Opinion by
The nonsuit was properly entered in this case on the ground of the variance between the probata and the allegata. The action was brought in the name of the administratrix of Daniel Pursel, and the original statement averred her right to recover on the deed or contract of 1862. The statement was amended by the averment of the agreement of February 16, 1883. The amended statement avers that by the agreement of 1883 “the original agreement (of 1862) hereinbefore set
The judgment is affirmed.