Tarrant v. Gittelson

Citations

• 16 S.C. 231
• 1881 S.C. LEXIS 151

Syllabus

<p>1. Where, in action on a, special contract for services rendered, the parties differ as to the compensation- agreed upon, there is no material error in admitting testimony of the value of like services as bearing upon,, the reasonableness of the conflicting evidence, the jury being properly instructed to confine themselves to the issue involved.</p> <p>2. The complaint alleged that the defendant was “ indebted to plaintiff in the sum of $100 for work, labor and services done,” &c. Upon objection made by defendant to the introduction of evidence to prove a special contract, the trial judge permitted the plaintiff to amend his complaint so as to allege a special contract, and then received the evidence. Held, that the amendment was permissible under Section 196 of the code.</p> <p>3. The amendment was opposed by defendant, but time to answer was not asked for. It was within the discretion of the Circuit judge to allow the trial to proceed on the amended complaint.</p>