Webb Fur. Co. Inc. v. Everett

Plaintiff in error as plaintiff below recovered a common law judgment against defendant in error, the declaration sounding in the common counts. Writ of error to that judgment resulted in its reversal by this Court on the sole ground of lack of evidence to support it, 98 Fla. 780, 124 So. 278. When the mandate went down on reversal the plaintiff moved to amend its declaration by adding thereto a count for goods bargained and sold by the plaintiff to the defendant, a count for goods, wares, and merchandise sold and delivered by plaintiff to defendant, and a count for lawful interest upon…