Franchey v. Hannes

The plaintiffs brought this action to recover damages for the defendants’ alleged fraudulent misrepresentations in the sale of a dwelling house and lot to the plaintiffs. At the trial, the court first denied and later granted the plaintiffs’ motion to amend the complaint by adding a second count claiming damages for fraudulent nondisclosure. The allowance of this amendment is assigned as one ground of error. After allowing the amendment, the court reversed an earlier ruling excluding testimony concerning conversations which had occurred between the date of the signing of the contract of sale…