Lamar v. Lamar, Taylor & Riley Drug Co.

■ Suit for breach of contract was brought against H. J. Lamar. According to the allegations of the petition, the defendant had purchased a large amount of drugs, medicines, and druggists’ sundries, and had failed and refused to settle in full according to the terms of the contract of purchase. Under this contract he was to pay the original or first cost of the goods to the seller, with ten per cent, added “to cover the cost of freight and handling the goods so sold.” On the trial, after all the evidence was in, the plaintiff amended the petition by striking the recital that the ten per cent,…