Henry & Hutchinson v. Slack

While I concur in the judgment in this case I cannot agree with various views expressed by my distinguished colleagues in the majority opinion. My views are expressed in the following concurring opinion: 1. We first consider the plaintiff’s exceptions and demurrer to the amendment allowed to the defendant’s answer on January 24, 1955.

The amendment was a defense to count three of the petition to which no defensive pleadings had hitherto been filed since the count itself was introduced into' the case by way of amendment on October 30, 1952.

On the previous appearance, Henry & Hutchinson, Inc. v.…