National City Bank of Rome v. Graham

Bell, Judge.

The voluminous petition seeking as it does to allege a cause of action against each of three defendants, initially rested its cause upon an action on contract based upon commissions allegedly earned by a broker for the sale of real estate. Later, by amendjnent, there was added to the petition a separate and distinct cause of action founded upon a tort consisting of an alleged conspiracy between the three defendants to fraudulently and wrongfully deny to petitioner the commissions due him on the sale.

It is well settled in our law that an amendment to a petition which changes the…