Tunstall v. the Lerner Shops, Inc.

The opinion of the Court was delivered by

Mr. Justice StabeEr.

This is an appeal from an order refusing a motion to amend a judgment record in which the defendant was named as “The Lerner Shops, Incorporated,” so that the record when amended should designate the defendant as “Lerner Stores Corporation.” The transcript of record contains the following statement:

“Plaintiff brought an action against ‘The Lerner Shops, Incorporated,’ defendant; the complaint being served on April 10, 1929. The complaint alleged as a cause of action that defendant had fraudulently and willfully broken its contract…