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Daniel C. Spruance vs. Martin Myerdirck

Delaware Superior Court1899-05-10No. Action of Assumpsit No. 37
2 Penne. 20518 Del. 205

Authorities cited

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Opinion

majority opinion

Lore, C. J.:

The bill of particulars is not sufficient, for the reason that none of the items set out therein are admissible under either of the counts of the declaration; that is, for money had and received, or on an account stated. We therefore order that a further bill of particulars be filed. The plaintiff,, upon his application, is granted leave to amend.