Carter v. Franklin Telegraph Co. , 109 Mass. 161 ( 1872 )

By the Court.

The declaration alleged a hiring for six weeks; and the proof supported the declaration. The additional proof was merely that the defendants gave the plaintiff encour agement that they might want to hire his team longer, but did not contract for any further hiring. There is no variance between the allegation and the proof of what the contract was.

Exceptions overruled.