Wells v. H. W. Lay Company Inc.

(After stating the foregoing facts.) The allegations of the petition are conflicting, and have been set forth at some length above. Although the plaintiff attempted, in paragraph 5 of his amendment, to show that a valid contract had been entered into on May 1, he controverts this fact in paragraph 11 of his original petition by alleging that the contract was for twelve months next succeeding the date on which permission to operate as a contract carrier should be granted. In paragraph 2 of the original petition, it is alleged that, if the application is granted, the company would enter into a…