immaterial avermen

IMMATERIAL AVERMENT. One alleging with needless particularity or unnecessary 
circumstances, what is material and requisite, and which, properly, might 
have been stated more generally, or without such circumstances or 
particulars; or, in other words, it, is a statement of unnecessary 
particulars, in connexion with, and as descriptive of, what is material. 
Gould on Pl. c. 3, Sec. 186. 
     2. It is highly improper to introduce immaterial averments, because, 
when they are made, they must be proved; as, if, a plaintiff declare for 
rent on a demise which is described as reserving a certain annual rent, 
payable "by four even and equal quarterly payments," &c.; and on the trial 
it appears that there was no stipulation with regard to the time or times of 
payment of the rents, the plaintiff cannot recover. The averment as to the 
time, though it need not have been made, yet it must be proved, and the 
plaintiff having failed in this, he cannot recover; as there is a variance 
between the contract declared upon and the contract proved. Dougl. 665. 
     3. But when the immaterial averment is such that it may be struck out 
of the declaration, without striking out at the same time the cause of 
action, and when there is no variance between the contract as, laid in the 
declaration and that proved, immaterial averments then need not be proved. 
Gould on Pl. C. 3, Sec. 188.