Oregon Post Office Building Corp. v. McVicker

Plaintiff appeals from a judgment for the defendants in an action for damages arising out of an alleged fraud in the sale of a building. The only issue on appeal is whether the trial court abused its discretion in refusing the plaintiff’s tender of an amended complaint on the morning of the trial. The amendment added a cause of action for breach of warranty.

It is conceded that if the court had allowed the amendment there would have been no abuse of discretion. See Perkins v. Standard Oil Co., 235 Or 7, 21, 383 P2d 107 (1963). It is also conceded that after the adverse ruling the plaintiff…