Fancher v. Rumsey

Upon petition filed by the defendants in error, this court granted a rehearing in the above stated case, limiting the rehearing to the single question, viz.: Should the demurrers have been sustained to the last amended declaration on the theory that plaintiff's last amended declaration constituted a departure in pleading because it amounted to a substantial change in plaintiff's theory of their case from a suit on the instrument relied on to establish defendant's joint liability to a suit on the purchase money indebtedness as evidenced by such instruments? This is the statement of the order…