Stump & Gunkle v. Hutchinson

11 Pa. 533 | Pa. | 1849

Per Curiam.

The contract laid was absolute: the contract proved was conditional. The promise laid was to deliver in good order: the promise proved was to deliver in good order, “ the dangers of the river and fire excepted.” There was therefore a substantial variance : and all the cases prove that the exception must be stated.

Judgment affirmed.

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