Franklin Sugar Refining Co. v. Howell

Opinion by

Mr. Justice Simpson,

Plaintiff sued to recover the difference between the market and contract prices of certain sugar, which it alleged it had sold to defendant but he had refused to accept ; the pleadings were duly filed, a rule for judgment for want of a sufficient affidavit of defense was taken and made absolute, and defendant appeals.

After the argument of the rule in the court below, but before it was decided, defendant petitioned the court for leave to amend its affidavit in certain specified particulars ; the petition was dismissed and this is assigned as error. It was error:…