Kirkpatrick v. Holman

Kirkpatrick sued Holman on a written agreement for the sale of a stallion. The complaint also contained a common count for the price and value of a horse sold and delivered by the plaintiff to the defendant. To the first paragraph of the complaint, the defendant, in his answer, set up an arbitration and award, on the agreement set out in that paragraph of the complaint. The plaintiff demurred to the answer, but the court overruled the demurrer, *294and the plaintiff then, by leave of the court, filed a new and substituted complaint, the first paragraph of which was the same as the first paragraph…