Hitching Post Lodge, Inc. v. Kerwin

DONALD DAUGHTON, Superior Court Judge.

Appellees, plaintiffs below, brought suit to collect Twenty Thousand Dollars ($20,-*95000) from the appellant, defendant below. The case was tried to the Court without a jury. At the close of all of the evidence, judgment was entered in favor of appellee and from this judgment, and the Lower Court’s refusal to grant Defendant’s Motion for Judgment for the Defendant or for New Trial, this appeal is taken. Appellees have filed a cross-appeal attacking the denial of appellees’ Motion to Amend the Complaint to Conform with the Proof.

Plaintiff’s Complaint set forth…