Black's Law Dictionary (2nd edition)dictionaries

Variance

In pleading and practice. A discrepancy or disagreement between two Instruments or two steps in the same cause, which ought by law to be eutlrely consonant. Thus, if the evidence adduced by the plain-tiff does not agree with the allegations of hls declaration, it is a variance; and so if the statement of the cause of action in tbe dec-laratlon does not coincide with that given -in the writ. See Keiser v. Topping, 72 111. 229; Mulligan v. Ih S., 120 Fed. 98, 56 C. C. A. 50 ; Bank of New Brunswick v. Arrowsmith, 9 N. J. Law, 287; Skinner v. Grant, 12 Vt 462; State v. wadsworth, 30 Conn. 57

Source: Black's Law Dictionary 2nd Ed (1910)