
    George Peppler v. George Ratz.
    
      Variance.
    
    A declaration charging a defendant with receiving lumber as plaintiffs agent to sell, and with collecting and not paying over the proceeds, cannot be supported by proof of a sale of the lumber to defendant, and the partial non-payment of the price by him as original purchaser. — Per Curiam.
    
    Error to Osceola.
    Submitted and decided January 10.
    The court below found that the plaintiff could not recover under his declaration, and the plaintiff brought error.
    
      Patterson & Palmer for plaintiff in error.
    
      Burch, Beardsley & Judkins for defendant in error.
   Affirmed with costs.  