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Duncan v. Ray, survivor, &c
By the Court,
Nelson, Ch. J.
The objection of variance between the bill of particulars and the evidence of sale was properly disregarded, as is manifest from the following cases : 2 Taunt. 224; 1 Campb. 69, n.; 3 Maule & Selw. 380; 3' Bing. 3 ; 3 Wendell, 344; 4 id. 360.
Judgment affirmed.