Sprague v. Follett

Black, J. —

This suit was brought before a justice of the peace on an account for flour, consisting of thirty or more items, and credited with half as many different payments. On trial anew in the circuit court, and after the evidence was all in, the plaintiffs asked and had leave to, and did amend their statement by the addition of another item for $31.75; and of this ruling error is assigned.

There was evidence tending to show that a credit of $31.75, given on the account, was for flour sold on the fourteenth of November, but not included as a charge in the bill of items. Other evidence…