Gratiot Lumber & Coal Co. v. Lubinski

Mr. Justice Sharpe has written for reversal. I am unable to coneui. The conclusion reached by my Brother is based wholly upon the trial court’s refusal to grant plaintiff’s motion, made at the conclusion of plaintiff’s proof, to amend his declaration. The purpose, of the amendment sought was to enable plaintiff to recover against Anthony A. Lubinski in assumpsit, instead of relying in tort upon the alleged conspiracy to defraud.

In conformity to the practice in the trial court a pretrial hearing had been had in this case. At that time no application for amendment of pleadings was made.…