Ford, Receiver v. Liner

RAINEY, Chiee Justice.

This suit was brought by appellant against the appellees to rescind a sale of land and to recover same, or, in the alternative, to recover a judgment on certain notes which it is alleged were executed for the purchase price for said land. The default in the payment of the notes was duly alleged.

After the trial had begun plaintiff offered in evidence certain notes which, it was shown, were the notes given for the purchase price of the land. Objection was made by defendant to their introduction upon the ground that there was a material variance between the notes offered…