Holmes v. Carraher

Braley,

J. This action originally was in contract for services rendered by the plaintiff to the defendant’s testator. But upon the statements of her counsel in his opening to the jury, counsel for the defendant having suggested that she could not recover, the plaintiff moved to amend the writ by alleging that the action was either in contract or tort. The motion having been allowed without exception by the defendant, the plaintiff then moved to amend the declaration by adding a count in tort. The defendant objected, and the judge made an order reciting that as matter of discretion he would…