Hays v. Pittsburgh, G. & B. Packet Co.

While technical rules of common-law pleading do not prevail in admiralty, still, to entitle a libelant to a decree, there must be a substantial agreement between the allegations of the libel and the proofs. McKinlay v. Morrish, 21 How. 343. But here there is an entire lack of *553such correspondence. The libel is expressly framed as “in a cause of contract,” and sets up an actual sale and delivery by the libelant to the respondent of certain coal-slack at an agreed price. But the proofs show nothing of the kind. Indeed, there is no element of contract in the whole transaction. If the libelant has…