Magnolia Petroleum Co. v. Hawkins

Plaintiff appellee’s application for rehearing sets out that the court in its original opinion, 137 So. 588, erred in holding the allegations of the petition insufficient to permit the introduction in evidence of the contract attached and made part thereof. The reason for so holding, as the opinion indicates, was that there was such variance between the allegations of the petition and the contract as to become material and • therefore fatal. Plaintiff contends the court erred in holding that there was a material variance. It is contended that: “Upon a consideration of the entire petition,…