Hunter v. International Building & Loan Ass'n

ELY, Associate Justice.

This is a second appeal of this case, and 51 Southwestern Beporter, 530, is referred to'for statement of the nature of the case. On the former appeal it was held that the petition was insufficient because, by its allegations, it attempted to vary the terms of the written contract, no relief being asked on the grounds of fraud, accident, or mistake. The former petition was amended, and from a judgment sustaining demurrers to the amended petition this appeal is perfected. In the amendment were the following allegations:

“That during the month of October, 1889, plaintiff…