Ware Savings Bank v. Krupp

This is an action brought on an indemnification agreement executed by the third-party defendants (appellants) in favor of the third-party plaintiffs (appellees). At the conclusion of the evidence the appellants moved to amend the pleadings to conform to the evidence presented (see generally Wolfe v. Ford Motor Co., 6 Mass. App. Ct. 346, 354-355 [1978]), and the appellees moved for a directed verdict. The judge denied the motion to amend and allowed the motion for a directed verdict. There was no error.

We think the judge’s ruling that the proposed amendment would have been futile was correct.…