Turner Halsey Co. v. Lawrence Knitting Mills, Inc.

MORRIS, Judge.

Defendants assign as error the court’s granting the plaintiff’s motion to amend the complaint and motion for summary judgment. We think the assignment is well taken. The amendment was a reduction of the amount of the prayer for relief. The grounds for the motion were that the contract price was $3591.50 but plaintiff, after considerable effort, was able to sell the goods for $1697.80, thereby leaving a balance of $1893.70. The amendment raises the question of minimizing the damages, a question previously raised by the affidavit of defendant Lawrence Levy which was filed 22 March…