American Surety Co. of New York v. Blaine

We think the contention that the cause of action alleged in the original petition was abandoned and a new cause of action set up in the amended petition on which the trial was had must be sustained. Tests by which to determine such a contention, the Supreme Court said in Lumber Co. v. Water Co., 94 Tex. 456, 61 S.W. 707, are:

"(1) Would a recovery had upon the original bar a recovery under the amended petition? (2) Would the same evidence support both of the pleadings?"

A "solitaire diamond ring" and a "solitaire diamond set in a stick pin" are not one and the same thing. They are different…