Rittmaster v. Richner

Action for breach of covenants of warranty in a convey*362anee of real estate. A demurrer for want of facts was sustained to the complaint, and the plaintiff amended. On motion the amended complaint was stricken out on the ground that it was not an amendment, and added nothing, in any material particular, to the averments of the original complaint. The court then entered judgment for the defendant. The plaintiff prosecutes error.

The first complaint set out in full a deed from the defendant to-the plaintiff and two others, executed on the 24th day of February, 1880, and alleged the conveyance by…