Cunningham v. Ferry

This was a proceeding to enforce a mechanics’ lien, for lumber furnished for the erection of a house.

The objection that there is a variance between the allegations and the proofs, as well as the objection that the verdict of the jury and the amount thereon decreed to he due the petitioners, is unauthorized by the evidence, we do not consider well taken. We have gone through the evidence carefully, and, without repeating it at length, we deem it sufficient to say that in our opinion, there is no substantial variance — such as would authorize a reversal — between the allegations and the proofs;…