Wild v. Krenke

Duckworth, Chief Justice.

(After stating the foregoing facts.) Since the equitable relief sought in the original petition was rescission and cancellation of the purchase contract and partnership agreement, the amendment, alleging rescission and cancellation of these contracts by mutual agreement, would eliminate all equity; and thus deprive the Supreme Court of jurisdiction of the writ of error if the amendment had been allowed without objection. But the defendant’s demurrer assails the amendment, and the judgment overruling that demurrer is brought under, review by this bill of exceptions. A…