In Marsh Wall Products, Inc. v. Henry Marcus Bldg. Specialties (1958) 162 Cal.App.2d 371, one of the defendant's arguments on appeal was that the trial court erred in denying his motion to strike out all testimony on the plaintiff's claim for open book account. The defendant argued that there was a material variance between the pleading and the proof. Specifically, the pleading stated that the relevant transactions occurred "on or about July 1, 1954," while the evidence at trial "referred to transactions extending from March 30 to May 25, 1954." (Id. at p. 380.) The court pointed out that the complaint did not allege a precise date, but instead claimed that "within four years immediately preceding the commencement of the action, to wit, on or about July 1, 1954, defendants became indebted to plaintiff upon an open book account for merchandise for the reasonable value of $2,075.31." (Ibid.) In addition, the defendants did not demand a bill of particulars. (Ibid.) Under the circumstances, the Court of Appeal held that the trial court did not err in denying the defendant's motion to strike the relevant testimony.