Blue Ridge Park Nurseries v. Owen

1. Where a defendant pleads, in bar of the plaintiif’s suit, an alleged agreement with the plaintiff in settlement of the claim sued on, an amendment to the petition, in the nature of a replication to the defendant’s plea, wherein the alleged settlement is attacked as invalid upon various grounds alleged, is properly allowed. The amendment is not subject to the objection that it sets out a new and distinct cause of action, or that it seeks to amend a petition in a suit at law by setting up matters for equitable relief, or that it seeks to establish matters in parol in contradiction of a…