M. J. Ryan Co. v. Brown

Appellant M. J. Ryan Company brought this action to recover $1300 principal, interest and attorneys’ fees on an executory contract of sale of a tractor signed by defendant M. D. O’Dell and respondent Jennie L. Brown. Defendant defaulted. Respondent filed an answer which attempted to set up the defense of fraud but lacked some essential averments. The case went to trial on these pleadings and the trial court permitted respondent to introduce evidence of fraud over the objection of appellant. At the close of the evidence respondent asked leave to file an amendment to her answer to conform to…