Miller v. Berman

The amendment did not set up a new cause of action different from the one originally sued on nor did it seek to vary the terms of a written contract. The original action was brought against the defendant as an individual and the amendment merely explained what the defendant called an inconsistency in his pleadings. Assuming for the sake of argument that the signature “/s/ R. G. Miller, R. G. Miller, Sr., President, R. G. Miller Company” imports a corporate signature, the plaintiff by amendment had the right to show that the contract sued on was not entered into by a corporation but by the…