157 P.2d 134 (Colo. 1945), 15139, Gibraltar Colo. Life Co. v. Brink
Citation:
157 P.2d 134, 113 Colo. 304
Opinion Judge:
In answer to this Brink relies upon the general rule that amendments to conform to the evidence are liberally allowed in the interests of justice; and particularly upon Rule 15(b) and (c). Neither apply to the situation here. A plaintiff is bound to know at the beginning of his case whether he has rescinded or affirmed, and he certainly knows wheth
Party Name:
GIBRALTAR COLORADO LIFE CO. v. BRINK.
Attorney:
[113 Colo. 305] R. Hickman Walker, of Denver, for plaintiff in error. A. X. Erickson and Don B. Oliver, both of Denver, for defendant in error.
