126 Ga. 746 | Ga. | 1906
(After stating the facts.) ■
1. Under the view we take of the matter, the question of variance between the averments and the proof as to the $700 transaction becomes immaterial. Let the petition be construed as contended by counsel for the defendant in error, and the verdict is still unauthorized by the evidence. It was necessar}', under either construction of the petition, that the plaintiff should show that there had been a sale of the wheat in conformity to his order. He swore that he had given the order to sell. He did not know and did not pretend to know whether a sale had taken place. He was positive in his assertion that he had given the order to sell to the agents of the de
Judgment reversed.