Prescott v. Puget Sound Bridge & Dredging Co.

The opinion of the court was delivered by

Fullerton, C. J.

— The appellant instituted this action to recover for an alleged breach of a contract of employment entered into between the appellant and respondent. To his original complaint a demurrer was interposed, which the trial court sustained. Thereupon he took leave *178to amend, and thereafter filed an amended complaint. Issue of fact was joined on the amended complaint, and the cause set down for trial. At the trial the respondent objected to the introduction of any evidence on the part of the plaintiff on the ground that the amended complaint…