Lowrie v. Castle

There were three counts in the declaration as originally filed, all in contract. The writ stated the cause of action to be in contract. Subsequently the plaintiff was allowed to amend by substituting a new third count and by adding a fourth count (later eliminated by the sustaining of a demurrer thereto without exception or appeal), and a fifth count in contract, and by inserting in the writ after the words “in an action of contract,” the words “or tort, all counts being for one and the same cause of action.” Still later counts six and seven in tort for fraud and deceit were added against the…