Okulich v. Goldman

(after stating the facts): 1. Did the trial judge err in denying plaintiff’s application to amend the declaration a second time? The case was begun in April, 1923, by declaration. The following October the declaration was amended. No attempt at further amendment was made until February, 1926, when the case was about to be placed on trial. The proffered amendment attacked as fraudulent the instrument first declared upon as constituting the true contract between the parties. It was a complete change of position, and injected an entirely new issue into the case. We feel that in the furtherance…