Touchett v. E Z Paintr Corp.

In lieu of the third cause of action, plaintiff gave notice that he desired to amend his complaint by alleging a fifth cause of action for reformation of two contracts or writings entered into between the parties on October 23, 1948, and on January 5, 1949, which were the result of conferences held between the parties. Because of plaintiff’s proposal to set up a fifth cause of action for reformation, the court granted a continuance to plaintiff to set up said cause of action in an amended complaint. The trial subsequently held was limited solely to the fifth cause of action concerning the…