Kroschel v. Martineau Hotels, Inc.

This proceeding was instituted and first tried as an action at law. After the court had announced its decision in favor of the plaintiff, the defendant sought and obtained permission to file a second amended answer, setting forth an equitable defense. From a decree in favor of the defendant, plaintiff appeals.

Plaintiff contends that the lower court erred: (1) in permitting defendant to file a second amended answer setting forth an equitable defense after the case had been tried as an action at law after a decision had been announced favorable to the plaintiff; and (2) in entering a decree…