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Patrick J. Whelton & another v. John G. Tompson & another
By the Court.
The ruling requested should have been given. As stated in the bill of exceptions, it did not relate to the proof of a breach, but to the proof of the terms of the contract declared on. If one of the terms alleged was not proved, there was a variance, and the plaintiffs could not recover undei iheir declaration. Exceptions sustained.