Snell v. Gregory

Gregory sued plaintiffs in error upon the common counts and gave them a bill of particulars showing his claim to rest on a balance due for work done under a contract made by himself and one Thomas Brown with plaintiffs in error on which a settlement had been made and balance struck at 81,255.36, and showing that Brown had assigned his interest to Gregory.

On the trial it was objected that the declaration should have been special, and should have averred the assignment. In Kelly v. Waters, 31 Mich., 405, we decided otherwise. The defendant when sued on the common counts can always be informed…