Burdo v. Tarky

This is an action of contract, originally brought by Burdo and another (since deceased) in a form appropriate to an action in their individual capacities, for a balance due to the plaintiffs for building a hunting lodge for the defendant at Salisbury in the State of Vermont. After a finding for the surviving plaintiff Burdo, hereinafter called the plaintiff, the defendant insists that there was error in two respects, (1) in allowing an amendment designating the plaintiff as surviving trustee of “Burdo & Boyd Realty Trust” and (2) in finding for the plaintiff after the amendment was allowed,…