A disconformity between a party's pleaded case and the evidence led at trial will not require the judgment to be set aside where the evidence was not objected to, the opposing party had full opportunity to meet the evidence, and no prejudice is identified. An approximate price quoted for work constitutes a sufficiently certain contractual term where the invoiced amount is sufficiently close to the quoted price. Acceptance of a contractual offer may be inferred from conduct, including taking the benefit of goods or services without objecting to the terms.
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