Whelton v. Tompson , 121 Mass. 346 ( 1876 )

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.