Hurlbut v. Proctor

This is an action for breach of warranty in the sale of a crib of corn purchased by plaintiffs from defendant. From a judgment on a verdict in favor of plaintiffs for $100, defendant has appealed.

The petition alleges and the answer admits that the corn was purchased February 8, 1907. During the trial the court refused to allow defendant to amend his answer by alleging the sale was made at an earlier date, and the ruling is assigned as error. It is familiar law that the denying of leave to amend a pleading during the trial is not reversible error, if the record fails to disclose that the trial…