Zullinger v. Grebe

Citations

• 72 Pa. Super. 209
• 1919 Pa. Super. LEXIS 284

Syllabus

<p>Practice, O. P. — Pleading—Statement of claim — Evidence—Allegata and probata — Variance.</p> <p>A statement in assumpsit must he supported by evidence at the trial, proving not only a claim against the defendant, but the particular facts averred in the plaintiff’s declaration. It is not enough that the evidence may show a cause of action; it must show the cause of action laid in the pleadings, and the proof must support the allegations.</p> <p>In an action of assumpsit where the statement sets forth a claim for money loaned, and the proof on the part of the plaintiff related wholly to an advance payment on a contract of sale and lease, a nonsuit is properly entered.</p>