Groover v. Tattnall Supply Co.

Suit was brought upon an account for goods sold and delivered. Over objection of the defendant, the plaintiff was allowed to amend the petition, by alleging, in substance, that the goods described in the bill of particulars were sent to the defendant to be sold for the account of the plaintiff; and that the defendant had sold the goods and collected the money, and had failed and refused to pay over the same to the plaintiff. The objection to this amendment was that it set forth a new and distinct cause of action. We think that the objection was well taken and that the amendment should not…