Davis v. H. S. & M. W. Snyder, Inc.

This is an action by the plaintiff as administrator of the estate of Marcus A. Tockel, deceased, upon an alleged liability of the defendant to the plaintiff in his capacity as such administrator. The writ when originally brought described the action as one in contract; it was subsequently amended by the insertion therein after the words “in an action of contract” the words “or tort, for one and the same cause of action, as the plaintiff is uncertain as to which class the said cause of action belongs.” A demurrer to the declaration upon various grounds was filed, and thereafter an amendment to…