Legal Opinion

Boyd v. Buick Automobile Co.

Supreme Court of Iowa

Decided December 21, 1917PublishedCited by 8 opinions

Appeal from Polk District Court. — Hugh Brennan, Judge. Tbe plaintiff complains that he suffered loss because of various representations which induced him to buy an electric bus of the defendant. Plaintiff had verdict, and defendant appeals. —

1Opinion of the CourtSalinger, J.

1. Pleading : amendment: stage at which allowable. — When defendant was arguing its motion for new trial, plaintiff got leave to amend its petition, and filed an amendment, the effect of which is to change *308an allegation that defendant is a Michigan corporation to one that it is a Nebraska corporation. The amendment was offered to, and did, conform to evidence that defendant is a Nebraska corporation. The first complaint of allowing this amendment is that Section 3760 of the Code “does not permit any amendment to be filed that would change the issue in order to conform to the undisputed proof…

2Cases cited5 opinions

  1. Davis v. Central Land Co.Supreme Court of Iowa · 1913
  2. Decatur v. SimpsonSupreme Court of Iowa · 1902
  3. Rice v. Friend Bros.Supreme Court of Iowa · 1917
  4. Halligan v. KellerSupreme Court of Iowa · 1914
  5. Weiland v. EhlersSupreme Court of Iowa · 1899

3Cited by8 opinions

  1. Reynolds v. HenrySupreme Court of Iowa · 1921
  2. State v. GeeIdaho Supreme Court · 1930
  3. Bunn v. Standard Oil CompanySupreme Court of Iowa · 1959
  4. Alarid v. GordonNew Mexico Supreme Court · 1931
  5. Newton National Bank v. Strand Baking Co.Supreme Court of Iowa · 1938

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