Bush v. Moore

The complaint was c>n the common counts for an account and for goods, wares, and merchandise sold and delivered, and was in the forms laid- down in the statute. The demurrers to these counts were properly overruled. .

Nor was there a variance between the probata and allegata. The proof for plain tiff showed a balance due on a contract for tbe delivery of certain cross-ties, with nothing left to be done under tbe contract but tbe payment of tbe balance due. Where this is tbe ease, tbe amount can be claimed under tbe common counts, and recovery had on proof of the contract, its performance by…