Horney v. Mason

J. C. Horney, H. J. Tate, and J. T. Jackson, partners trading as Horney Brothers- Land Auction Company, brought an action by way of notice of motion for judgment against Zenna Lou Todd Mason for damages alleged to have arisen by her breach of a certain written contract for the sale of her farm located in Russell county.

At the trial of the case the court was of the opinion that there was a material variance between the contract alleged in the notice of motion and the original contract which was introduced in evidence, and the plaintiffs failing to accept the court’s suggestion to amend the…