Cotes v. Campbell

         JUDGES: Heydenfeldt, Justice, delivered the opinion of the Court. Wells, Justice, concurred.

         OPINION

          HEYDENFELDT, Judge

         The plaintiff declared upon a note made by one McKinley and one Campbell. To sustain the declaration, he offered in evidence a note signed H. B. McKinley and C. Campbell & Co.

         No principle is better settled than that the allegations and proofs must correspond. In this case the variance was in important and substantial particulars, and is therefore fatal.

         The note should have been excluded on the objection of the defendant.

         The judgment is reversed, and the cause remanded.