Conolley v. Bull

Defendant appeals from a judgment entered after a trial by the court awarding plaintiffs $9,925.46 plus costs 1 in an action for rescission of a land sale contract, praying for damages in the alternative. The award of damages was predicated upon the theories of negligence and strict liability. We have concluded that the judgment is supportable on the former but not on the latter theory.

Defendant makes the following contentions: (1) That witnesses called by plaintiffs were not qualified to testify as expert witnesses; (2) that the court should not have permitted the complaint to be amended to…