Rich v. Gulliver

This is an appeal by the plaintiff Robert S. Rich, Jr. from a final judgment entered upon an involuntary dismissal after a non-jury trial on a suit for specific performance of an oral contract to sell a parcel of real property. We affirm.

First, the trial court did not abuse its discretion in denying the plaintiff’s motion to amend his complaint because (a) the proposed amendment was made at the outset of the trial below and was entirely untimely, and (b) the evidence in support of the proposed amendment was, in any event, adduced at trial, and such evidence clearly established that the cause…