
    Jamieson & Anderson v. Amos Alexander.
    Although the contract offered in evidence vary from that stated in the special count, the receipt for the purchase-money at the bottom of the contract is evidence on the money counts.
    
      Mr. Faiv, for the defendant,
    objected to the contract produced, because it varied from that declared on, — one being a promise to deliver on demand, and the other in one week. 1 Esp. 140.
    
      Mr. Simms, for the plaintiff,
    admitted the variance to be fatal as to the first count, but contended that the receipt at the bottom of the contract for the whole purchase-money was good evidence on the count for money had and received; to which the Court assented.
   Assumpsit on a special promise to deliver flour, and for money had and received.  