Leach v. Nelson

This is the second appeal of this ease. The opinion in the. former case is reported in 48 N D. 1046, 189 N. W. 251. The law of the case ivas laid down in that opinion. The facts on the present appeal are substantially identical with those on tlie former. Immediately prior to tbe second trial which was bad to a jury, the defendants asked for leave to amend their answer. Over objection leave was granted. However, on tbe trial tbe court sustained the plaintiff’s objection to all evidence sought to be offered under tbe amendment, so that tbe issues of fact on tbe second trial were identical with…