Barber v. Martin

BROWN, Justice.

This is an action of assumpsit by the appellee against appellant. The original complaint consists of four counts, but all counts, except the third count declaring on account ■ stated, were withdrawn. Said count three is in the following words: “Plaintiff further claims of the defendant the sum of Two Hundred Forty seven & 25/100 Dollars on account stated betiveen the plaintiff and the defendant on the 19th day of Sept., 1933, which sum of money with interest thereon is due and unpaid.” [Italics supplied.] >

The plaintiff amended by adding Count A written on “yellow paper” in…