Cabiness v. Brown , 1 Minor 41 ( 1821 )

Judge Lipscomb

delivered the opinion of the Court.

The statement of .the Contract, and the only material part of the averment, was proved as set out in the declaration. The other part of the averment, taken separately from the first, was immaterial, and not calculated to mislead, and it was unnecessary to prove it.

Judgment affirmed. (3 Cra. 193, 208.)

Judges Clay and ¡Vetó not sitting.