Strong & Jarvis v. Oldsmobile Co.

This is an action of contract in the form of general assumpsit. A specification containing a single item, a claimed discount or commission on the sale of an automobile to a Mrs. Maynard, was filed with the writ. The defendant pleaded a general denial, and filed a declaration in set-off. Trial was by jury. At the close of the plaintiffs’ evidence they had leave to, and did, amend their specification by adding thereto two items for money which they claimed to have paid the defendant by mistake. The pleadings previously filed by the defendant appear to have been treated as covering all questions…