Costello v. Kasteler

WADE, Justice.

This is an appeal from a judgment in favor of M. S. Costello, plaintiff below and respondent herein, for the reasonable value of services rendered by him to appellants in loading trucks with materials from a mine.

Appellants contend the court erred in allowing an amendment to respondent’s amended complaint which in effect changed the complaint from one on an express contract to one for quantum meruit without granting the requested time to be able to prepare to meet evidence in this new cause of action. There is no merit to this contention. The amended complaint alleged in one…