Rupe v. Associated Electric Co.

RODNEY, District Judge.

This is a motion to amend an answer under Federal Rules of Civil Procedure, rule 15(a), 28 U.S.C.A. following section 723c. The plaintiffs, by the complaint, seek the recovery of certain payments which they allege were made by them, by mistake, and as a consequence of certain allegedly erroneous accounting of the defendant. The original answer denied that any amount was due from the defendant to the plaintiffs or that any amount had been paid by the plaintiffs by mistake., ;

The defendant contends the amendment merely amplifies the existing defense and sets up, as…