Staker v. Huntington Cleveland Irrigation Co.

STEWART, Justice:

Plaintiff, a shareholder in the defendant irrigation company, filed this action to obtain reimbursement of excessive water fees he paid to the company. Judgment was entered for plaintiff for the overassess-ments plus prejudgment interest. On appeal, the defendant contends that the trial court erred in denying its motion, made on the morning of trial, to amend its answer to assert for the first time the statute of limitations. Defendant also asserts that the trial court erred in granting prejudgment interest.

In March 1966, the irrigation company solicited its shareholders to…