Kelly v. Duignan

M‘Kinney, J.

Action of covenant for the payment of 800 gallons of whisky. The declaration contains one count. On the calling of the cause, the plaintiff obtained leave to amend his declaration. The amendment consisted in' making profert, and introducing the words “by his certain writing obligatory,” as essentially descriptive of the instrument. The defendant, upon the amendment being made, moved the Court to continue the cause, alleging the amendment to be of substance. The Court refused a continuance, and to its opinion the defendant excepted. We think the latter amendment was of substance.…