Duc v. Struckus Et Ux.

Opinion by

Mr. Justice Maxey,

This is an appeal from the decree of the court below sustaining preliminary objections to a third Amended Bill in Equity for specific performance of an agreement for the sale of land.

The principal reason assigned by the court below for its action in sustaining the objections and dismissing the last amended bill was that it set up “an entirely new and different cause of action obviously for the purpose of escaping the legal pitfall into which the plaintiff had placed himself by the first and second bills of complaint.”

The original bill charged that William and…