Barber v. Clendaniel
Superior Court of Delaware
Action of assumpsit by Charles W. Barber and another against Robert J. Clendaniel. Plaintiff’s motion to amend the record, declaration, and bill of particulars to show that plaintiffs were partners was allowed, and on application of defendant case continued. The original declaration was on the common counts.
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Action of assumpsit by Charles W. Barber and another against Robert J. Clendaniel. Plaintiff’s motion to amend the record, declaration, and bill of particulars to show that plaintiffs were partners was allowed, and on application of defendant case continued. The original declaration was on the common counts. Leave subsequently granted to amend by filing a special count on a cer-* tain timber contract with the defendant, in which it is averred in substance, that the defendant was to cut, fell, work and load on cars the timber standing and growing on the lands of the plaintiffs, as ordered by…
1Opinion of the CourtBoyce, J.
[1] The court is in doubt as to the relevancy of the proposed testimony in view of the state of the record and the pleadings. Our thought, however, is to overrule the objection, and admit the testimony, subject to a motion to strike out at the conclusion of the plaintiff’s testimony.
The testimony was received, against objection and exception. Similar testimony respecting the cutting and selling the timber, also in relation to numerous checks and notes of J. F. Barber & Co., payable to the defendant was offered. Objections were made to the several questions for reasons as before stated, and…
2Cases cited7 opinions
- Thorne v. FoxCourt of Appeals of Maryland · 1887
- Truitt v. CollinsSuperior Court of Delaware · 1899
- Munroe v. WilliamsSupreme Court of South Carolina · 1892
- Sweet, Dempster & Co. v. Ervin & Co.Supreme Court of Iowa · 1880
- State v. HaynesSupreme Court of Iowa · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hackett v. Bethlehem Steel Co.Superior Court of Delaware · 1933
- Silliman v. DuPontSuperior Court of Delaware · 1972
- Koury v. Claymont Development Co.Superior Court of Delaware · 1923