Meyer v. Chambers

— Action by mechanic on an account for work done on house and materials furnished therefor. Defendant denied in her answer the allegations of the petition, and also alleged that plaintiff had contracted to do *627the work for a much less sum, and that he was fully paid such sum, &c. On trial had plaintiff had iudgment, which defendant seeks to reverse.

I. If there was any variance between the allegations of the petition and the evidence offered in their support, and the defendant was thereby misled, she should, under the statute, 2 Wag. Stat., § 1, p. 1083, have set forth in what respect she was…