Johnson v. Pruitt

The suit as originally filed contained four counts, to which was filed on November 28, 1936, pleas of the general issue.

The suit originally was filed against Walter P. Johnson and Anderson Clayton and Company, a Corporation, but on motion Anderson Clayton and Company was eliminated as a defendant, and the suit proceeded to judgment against Johnson alone.

On the 15th day of February, 1937, counts 1, 2, 3, and 4 of the complaint were withdrawn, and an amendment to the complaint numbered "Count 5" was allowed. Said count being in the following words and figures, towit:

Count Five: "The plaintiff…