Whelton v. Tompson
121 Mass. 346
Mass.
1876
Check Treatment
By the Court.

The ruling requested should have been given. As stated in the bill of exceptions, it did not relate to the proof of a breach, but to the proof of the terms of the contract declared on. If one of the terms alleged was not proved, there was a variance, and the plaintiffs could not recover undei iheir declaration. Exceptions sustained.