
    ROGERS vs. ESTIS.
    May 19.
    
      From the Fayette Quarter Session Court.
    
    Variance between the declaration and the writing offered in evidence, held fatal.
   Opinion of the Court, by

Ch. J. Muter.

IT is considered by the court, that there is error in the record, in this, that there is a material variance between the declaration and the article of agreement produced in evidence, the declaration stating that the said defendant was to pay the plaintiff £90, one half in cash, and the other in whiskey and horse-flesh, to be between the value of twenty-one pounds and twenty-five pounds, and the agreement stating that the said £90 was to be paid one half in cash, and the other in whiskey and horse-flesh, to be between the value of twenty and twenty-five pounds.

Judgment reversed.  