Hunt v. Wright

It is very clear that the Court erred in overruling the objection, on the ground of variance, to the contract admitted in evidence as proof of the plaintiff’s cause of action.

The contract sued on, as described in the petition, was made on the 15th of December, 1837, for the payment by the defendant of the sum specified, “ when thereunto afterwards requested.” That admitted in evidence was a contract of that date, for the payment of the sum specified, “ in two years from this date.” The plaintiff’s cause of action evidently was upon the written contract, yet it was not so described in the…