Caley v. Kohlstad

MR. JUSTICE ANDERSON:

This is an appeal by John IT. Caley as liquidating trustee of Time Construction Company, Inc., plaintiff below, from a judgment in favor of Henry Kohlstad and Mabel Kohlstad, defendants below.

The pleadings are, of themselves, difficult to understand, but were not challenged below. Under State ex rel. Olsen v. Sundling, 128 Mont. 596, 281 Pac. (2d) 499, and other cases, the pleadings are therefore deemed amended to conform with the proof where, as here, the evidence went in without objection. Therefore it is the evidence in the record before us which determines on this…