Beetz v. Strobel

Plaintiff originally filed his petition'here in setting out two cases of action :

1. On a contract.

2. For use and occupation.

On motion of defendant, and order of court, plaintiff struck the second cause of action cut of his petition, so that at the time of going to trial the petition stood as an action for rent on a contract.

At the conclusion of the first trial, and before going to trial for the second time, defendant filed by leave an amended answer, a narrative sort of pleading, containing a general denial, setting up the “statute of frauds,’’and in addition thereto stating facts which, if…