Massachusetts Supreme Judicial Court, 1872

Carter v. Franklin Telegraph Co.

Carter v. Franklin Telegraph Co.
Massachusetts Supreme Judicial Court · Decided January 15, 1872
109 Mass. 161

Carter v. Franklin Telegraph Co.

Opinion of the Court

By the Court.

The declaration alleged a hiring for six weeks; and the proof supported the declaration. The additional proof was merely that the defendants gave the plaintiff encour *162agement that they might want to hire his team longer, but did not contract for any further hiring. There is no variance between the allegation and the proof of what the contract was.

Exceptions overruled.

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