Clark v. Todd

1 D. Chip. 213

Opinion

By the Court.

The plaintiff has declared on a contract, by which the defendant promised to deliver to the plaintiff a certain quantity of cloth, that is, according to the legal effect of the contract, to deliver the cloth to the plaintiff, at his, the plaintiff’s place of .abode, the contract proved is for the delivery of the cloth at the defendant’s Factory in Poultney, the variance is fatal.

The plaintiff suffered a non suit.