Nassaney v. . Culler

There are three questions posed by the appeal: 1. Was the court justified, in law, in permitting plaintiff to amend his pleading ? 2. Did the amendment to the pleading, as a matter of law, confer upon the defendant an unconditional right to continuance? 3. Did plaintiff’s pleading in its final form state a cause of action?

'The question whether the complaint states a cause of action must be answered in the affirmative. As originally filed, we think the allegations of fact, if supported by the evidence, would have justified a recovery of damages for a breach of contract, or a rescission of the…