May Mantel Co. v. United States Blow-Pipe Co.

Simmons, Justice.

1. The United States Blow-Pipe Company brought its action against the May Mantel Company on - an open account, in the statutory form, attaching a bill of particulars thereto. Subsequently the plaintiff offered to amend the declaration by setting out a written contract between it and the defendant, showing that the articles sued for in the bill of particulars had been agreed on in the written contract. The defendant objected to the amendment on the ground that it introduced a new cause of action, the suit having been brought on an open account and no reference being made to a…