On Motion for Rehearing.
The motion for rehearing states that a hearing was held on March 14, 1973, at which time argument was heard on the appellee’s motion to dismiss the complaint, that the discrepancy in date concerning the assignment of the franchise agreement was raised, that the trial judge then stated that this was an amendable defect, and that the appellant stated that an amendment would be *783made.
The order dismissing the complaint was dated June 18, 1973, after further hearing. It thus appears that appellant had more than three months in which to amend its complaint, and completely failed to do so.
While the rule of construction of pleadings has been changed by the Civil Practice Act, the rule that a written instrument attached as an exhibit to a pleading will prevail over the allegations of the pleading has not been changed. The Civil Practice Act provides as to exhibits: "A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.” Code Ann. § 81A-110 (c) (Ga. L. 1966, pp. 609, 621; Ga. L. 1967, pp. 226, 247).
The complaint, considered with the copy of the written assignment, refutes the right of the appellant to enforce the contract of another corporation. The appellant has never asserted that it has any admissible evidence it could introduce which would show its right to enforce the contract.
The motion for rehearing is denied.
All the Justices concur, except Gunter and Ingram, JJ, who dissent.