TOWNSEND, J.
(After stating the foregoing facts.) 1-3. The plaintiff contends that, by not excepting to the order sustaining her demurrers to the answers and plea of rescission, the defendant ant allowed this ruling to become the law of the case. The defendant concedes, by brief of counsel, that this is true, but insists that, as the answer contained enough to amend by, he was entitled to file an amendment setting up a new and distinct
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