Culverhouse v. Crosan

Citations

• 94 Cal. 544
• 29 P. 1100
• 1892 Cal. LEXIS 723

Syllabus

<p>Amendment of Amended Answer — Continuance — Terms of Amendment — Discretion. — It is not an abuse of discretion for the trial court to refuse, except upon the terms of payment of a sum of money to plaintiff, to allow the defendants, in an action to foreclose a mortgage, leave to file an amendment to their amended answer, setting up an offer of rescission of the contract, which they claimed was without consideration and tainted with fraud, where it appears that the cause had been on the calendar for two years, and that the amount fixed by the court was to reimburse the actual expenditures of the plaintiff in coming a considerable distance to the place of trial with counsel, which woul d be of no avail if the amendment was allowed, because of the necessity of a coutinuance.</p>