Wilhite v. Roberts

Judge Marshall

delivered the Opinion of the Court.

A judgment rendered in favor of Roberts, the plaintiff in this action, was formerly reversed by this Court, on the ground that the Circuit Court had erred in overruling a demurrer to the declaration, and in sustaining a demurrer to the defendant’s plea. The opinion then rendered is to be found in 4 Dana's Reports, 172; and reference is made to it for a statement of the pleadings then before the Court.

On the return of the cause, the declaration was so amended as to render its statement of the consideration of the contract conformable to the…