Baertschi v. Jordan

Cochran, J. †

This appeal arises out of an action claiming conspiracy to defraud.

Plaintiff brought suit against William H. Jordan and- wife, Darral E. Woolsey and wife, and Elvin E. Woolsey and wife for $4,000. At the close of plaintiff’s case, he moved to amend the pleadings to conform with the proof by increasing the prayer for relief to $14,000. This motion was granted without objection. At the close of all the evidence, the court dismissed the complaint as to the defendants William H. Jordan and wife and Elvin E. Woolsey and wife and awarded plaintiff judgment for $14,000 against the…