Atkin v. Long Lake Lumber Co.

— Respondent sued appellant on an oral contract for a balance of $5,596 alleged to be due, with interest at the legal rate of six per cent from July 1, 1928, for logs sold by respondent to appellant between November 1, 1926, and July 15, 1927. By a trial amendment, over the objection of appellant, the date of last delivery of logs under the alleged contract was changed to July 26,1927. No prejudice was shown by appellant, and the trial amendment was not an abuse of discretion by the trial court.

As stated in appellant’s brief, the issue between the parties is a simple one; if respondent’s…