Keiser v. Topping

Citations

• 72 Ill. 226

Syllabus

<p>1. Pleading and evidence—proof and allegations must correspond. If any part of the contract proved varies materially from that which is stated in the pleading, it will be fatal, a contract being an entire thing, and indivisible; and where a plaintiff declares upon a special contract, the proof and the allegations must correspond, not precisely, but substantially.</p> <p>3. A variance is a substantial departure from the issue, in the evidence adduced, and must be in some-matter which, in point of law, is essential to the charge or claim.</p> <p>3. Pledge—delivery of possession is not necessary as betioeen the parties. Where property is pledged to a creditor to secure his claim, there is, as between the parties, no necessity for an actual manual delivery of the property. The possession is, constructive!)-, where the contract places it.</p>