Hitching Post Lodge, Inc. v. Kerwin

McFarland, Justice.

Frank C. Kerwin and Rita Kerwin, hereinafter referred to as plaintiffs, brought suit to collect $20,000 from Hitching Post Lodge, Inc., hereinafter referred to as defendant. The case was tried by the court without a jury. At the close of all evidence, judgment was entered for plaintiffs. From this judgment, and the lower court’s refusal to grant defendant’s motion for judgment or for a new trial, an appeal was taken. Plaintiffs filed a cross-appeal attacking the denial of plaintiffs’ motion to amend the complaint to conform with the proof. The Court of Appeals reversed the…