Appellate Court of Illinois May 29, 1917, Gen. No. 22,328 (Gifford v. Bracey)

Mr. Justice McGoorty

delivered the opinion of "the court.

Abstract of the 'Decision. 1. Sales, § 323*—what constitutes variance where performance pleaded. In an action to recover on a contract by defendant to purchase a bond, where plaintiff pleads performance, he must prove performance as alleged and cannot recover on a waiver of performance. 2.