Johnson v. International Harvester Co. of America

The original complaint alleged a rescission of contract and demanded the return of moneys paid thereunder. "On motion of plaintiff, opposed by the defendant, the plaintiff was permitted to serve an amended complaint alleging a cause of action upon the contract. The action was referred to an official referee “ to hear and determine.” The official referee gave judgment for the plaintiff. The defendant has appealed to the Appellate Division and in the notice of appeal says “ that the said defendant appeals from and intends to bring up for review upon this appeal the intermediate order ” which…