Coston v. McClelland

Plaintiff counted upon a breach of defendants’ covenant of warranty in the sale of a tract of land. The original complaint alleged that defendants “conveyed by their warranty deed to the plaintiff a three-fourths interest” in the lands described. Defendants’ deed to plaintiff having been excluded by the court, plaintiff amended his complaint by striking the words “a three-fourths interest,” and then again offered the deed in evidence. On defendants’ objection that the deed was “irrelevant, immaterial and a variance from the complaint,” the court again ruled against its admissibility, and…