Gilliland v. Hawkins

On Rehearing.

SOMERVILLE, J.

Counsel for appellant have presented a very thoughtful and forceful criticism of the more important conclusions stated above.

Among other things, it is insisted that there was in fact no variance between the contract declared on and the one shown by plaintiff’s evidence. Count A of the complaint avers that—•

“As a part of the consideration for which he agreed to pay for said timber, to wit, $1,600, •which sum has been paid to said * * * company by plaintiff, the * * * company agreed with this plaintiff that, in addition to conveying said timber to this plaintiff, they…