Fitch v. Asher

Citations

• 56 Miss. 571

Syllabus

<p>1. Pleading. Variance.</p> <p>Under.a declaration for goods sold and delivered, a recovery cannot be had for articles consigned by the plaintiff to the defendant to sell, and account with the plaintiff for the invoice price of those sold, returning the others.</p> <p>2. Same. Defendant’s notice.</p> <p>Non assumpsit to a declaration in assumpsit is sufficient notice of any defence which is a mere denial of the contract sued on.</p>