Cartwright v. Ruffin
Supreme Court of Colorado
Appeal from the District Court of the City and County of Denver. Hon. P. L. Palmer, Judge. Action by Geo. E. Cartwright, Hans O. Cartwright and Janies E. Cartwright, doing business as The Cartwright Investment Company, and Cartwright Brothers against Isaac W. Buffin. From a judgment for defendant, plaintiffs appeal.
1Opinion of the CourtJustice Helm
Two grounds for reversal are urged in this cause, viz.: error of the court below in allowing the answer to be amended setting up a new and different defense; and error by that tribunal in recognizing a contract of agency between appellants and appellee.
From necessity, greater liberality exists in allowing amendments to answers, than in amending, complaints. Plaintiff may always, in the absence of a counter-claim or cross-complaint, dismiss his action and begin anew; and, in any event, the case tried upon the cause of action stated in his complaint and an adverse decision thereon does not…
2Cited by13 opinions
- Sigel-Campion Live Stock Co. v. HollySupreme Court of Colorado · 1908
- Collins v. BaileyColorado Court of Appeals · 1912
- Deutsch v. RohlfingColorado Court of Appeals · 1912
- Dubois v. BowlesSupreme Court of Colorado · 1913
- Johnson v. AlexanderWashington Supreme Court · 1915
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