In an action for goods sold at a reasonable price, if the proof is that they were sold at an agreed price, the plaintiff shall not be precluded, on the ground of a variance, from recovering such agreed price; and in an action for goods sold at an agreed price the plaintiff may recover a different or a reasonable price, if the proof fails to establish the price alleged; and the like rule shall prevail in actions for work done, materials furnished, or use and occupation of land.
Section 10-75.—Goods Sold; Variance
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceIn suits over goods sold, services performed, or land use, a mismatch between the price alleged and the price proven isn’t fatal — the plaintiff can still recover the price the evidence supports.
Full Text of Section 10-75
Amendment History
(P.B. 1978-1997, Sec. 193.)
Plain-English Summary
This rule protects plaintiffs from losing a case over a pricing detail. If a complaint claims goods were sold at a “reasonable price” but the trial evidence shows an agreed price instead, the plaintiff can still recover that agreed price — the mismatch, called a variance, doesn’t bar recovery. The rule works the other way too: if the complaint alleges an agreed price but the proof doesn’t back it up, the plaintiff can instead recover a different or reasonable price.
The same flexibility applies to claims for work done, materials furnished, or use and occupation of land. In each case, the court looks at what the evidence shows rather than penalizing a plaintiff for pleading the wrong figure at the outset.
Frequently Asked Questions
What happens if my complaint states the wrong price for goods sold?
Under this rule, that mismatch (called a variance) doesn’t block recovery — you can still recover the price the evidence supports, whether that’s the agreed price or a reasonable price.
Does this rule apply only to goods, or also to services?
It covers goods sold, work done, materials furnished, and use and occupation of land, applying the same rule against variance in each.
What is a variance in pleading?
A variance is a difference between what a complaint alleges and what the trial evidence proves; this rule keeps a pricing variance from defeating an otherwise valid claim.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 10-75). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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