Forbes v. Pillmon

MORRIS, Judge.

Defendant urges as error the court’s allowing plaintiff to amend his complaint. He concedes that G.S. 1A-1, Rule 15, provided for broad discretion on the part of the court in allowing motions to; amend complaint after answer is filed. His basis for argument is that, even so, the court cannot allow plaintiff to *441amend Ms complaint to set up a wholly different cause of action. The original cause of action was grounded on contract.- - The amendment sought recovery on quantum meruit. There is a difference in the measure of damages in a claim on an express contract and a claim on…