Snell v. Spalding Foundry Co.

Bell, Justice.

W. C. Snell brought a suit in equity against Spalding Foundry Company. A general demurrer was sustained, with leave to the plaintiff to amend within ten days; otherwise the petition to be dismissed. Within this period the plaintiff offered an amendment, and later offered a second amendment, each of which was ordered filed subject to objection and demurrer. The defendant demurred generally to each amendment. The court re*583fused to allow either amendment, and dismissed the petition, and the plaintiff excepted. The petition with the proffered amendments alleged the following: During…