Bond Bros. v. Kay

The complaint as originally filed was in two counts, each claiming the amount sued for, due by account for goods, wares, and merchandise sold and delivered to W. B. Good-son by plaintiffs at the special instance and' request of defendant. The pleas thereto were the general issue and the statute of frauds, viz., that the promise was not in writing to answer for debt, default, or miscarriage of another.

At the trial the complaint was amended by adding six additional counts. Some of these counts were eliminated by demurrer and some charged out by the court; and counts 4, 5, and 8 were left.

Demurre…