Benson v. Marietta Fertilizer Co.

Upon the trial the court refused to allow an amendment 1 offered to the answer, setting up new facts and a defense of which no notice had been given by the original answer. There was no affidavit accompanying the proposed amendment, as required by the Civil Code, •§ 5640, to the effect that at the time of filing the original answer the defendants did not omit the new facts or defense set out in the offered amendment for the purpose of delay, and that the amendment was not offered for delay. The record fails to show upon what ground the court refused to allow the amendment. Held: ■

1. Even if…