Hamilton v. Miller

OPINION

By CARTER, J.

This cause is in this court on error from the Court of Common Pleas. The errors of which complaint is made are as follows: First, complaint is made of the action of the court below in overruling defendant’s motion to strike, thus permitting the plaintiff to change his cause of action from a partnership contract to an employment contract, and second, the action of the trial court in refusing the defendant a trial by jury on the issues raised by the pleadings. The cause was tried on an amended petition, and' it is claimed that the amended petition permitted the plaintiff to…