Randolph v. Onstott

Citations

• 58 Ill. 52

Syllabus

<p>1. Allegations and proofs—must correspond. A party can not make one case by his pleading, and another and different case by his proofs, and recover.</p> <p>3. So where it was alleged in a petition to enforce a mechanic’s lien, that the materials were furnished ou an implied contract to pay for them on delivery, but the proof showed an express contract to pay for them, fifty dollars in cash, and the balance in,thirty days, it was held, no recovery could be had, by reason of the variance.</p>