Lippold v. Beanblossom

Plaintiffs appeal from an order entered by the circuit court of Macoupin county granting defendants’ motion to dismiss count one of plaintiff s complaint with prejudice. The issues before this court for resolution are: (1) Whether plaintiffs’ motion to amend the complaint to conform to the proof should be permitted by this court, and (2) whether the trial court erred in dismissing count one of plaintiff’s complaint.

On May 29, 1973, plaintiffs, Gerald Lippold and Rodney Arnett, filed a two-count complaint against defendants, Joy and Helen Beanblossom, alleging in count one the breach by the…