Robben v. Farmers Coöperative Co.

The opinion of the court was- delivered by

Hutchison, J.:

The errors assigned in this case are in permitting the defendant to amend its answer during the trial by referring to a circular and advertising matter as explaining a written contract and warranty, and in admitting such circular and advertising matter in evidence, and oral evidence along the same line, which, it is claimed, was in violation of the rule against the admission of evidence tending to alter, vary or contradict the terms of a written instrument.

The plaintiffs sued to recover upon a written contract for the purchase of one…