Di Cencio v. Di Filippo

Citations

• 80 Pa. Super. 415
• 1923 Pa. Super. LEXIS 174

Syllabus

<p>Practice, C. P. — Pleading—Statement of claim — Evidence—Allegata and probata — Variance.</p> <p>In an action of assumpsit for breach of contract for failure to deliver certain consignments of grapes it was error to admit evidence as to the quality of the. grapes and their condition when they were received, where the plaintiff’s statement raised the single question of delivery. Breach of warranty not having been alleged, he will not be permitted to introduce evidence of such breach.</p>