Ball v. Yates

I think the rehearing should be granted. In the first appeal, Yates v. Ball, 132 Fla. 132, 181 So. 341, we held that the essential elements of the contract declared on were proven, that there was no material variance between allegata and probata, that there was ample showing of authority on the part of Ball's agent to act for him and that the issue when all evidence was in, was one for the jury to determine. In fine the law of the case was settled on the first appeal. Provident Life and Accident Insurance Co. v. Mathers, 157 Fla. 661, 26, So. (2) 814.

The rule in this state is that on a…