Counts in a complaint alleged that plaintiff acted for a third person in a sale to defendant of turpentine rights belonging to a third person; that the rights sold extended to the trees comprised in 50,000 acres, that the consideration promised to defendant was a net price per acre, to be paid to the third person, and commissions to be paid to plaintiff; the evidence showed that what was actually sold was the third person's turpentine rights then owned within a described territory said to contain 50,000 acres, less 3,000 acres reserved, together with such turpentine rights within that territory as might be acquired by the third person within a fixed period; the rights so owned and sold, including subsequent acquisitions did not extend to land exceeding 35,000 acres. Held, a fatal variance between the allegations and the proof. Moses v. Beverly, 137 Ala. 473, 34 S. 825.