Kennedy & Morrow v. Vandiver

Jackson, Judge.

This was a suit brought by the plaintiffs against defendants on an account under the statutory form of pleading. The account was for coal furnished defendants by the plaintiffs. The plaintiffs tendered in evidence a written contract touching the coal, setting out the terms of sale. The testimony was objected to, and the objection sustained. Plaintiffs then moved to amend by adding a count and setting out the written contract. The amendment was refused, and plaintiffs excepted.

A non-suit was awarded, with leave to move to reinstate the case. The motion to reinstate was made on…