Givens v. Wheeler

On petition'for rehearing, the following opinion was rendered by

Elbert, C. J.

The original complaint in this cause was for a breach of covenant of warranty contained in the defendant’s deed to the plaintiff.

The answer of the defendant traversed the breach, and the cause was at issue.

*150The plaintiff thereupon filed an amended complaint in which he abandoned the cause of action stated in his original complaint, and stated another and entirely different cause of action in the nature of a fraud and deceit, alleging that he had negotiated for, and purchased of the defendant, a certain sheep ranch,…