Harvey

This is an appeal by the defendants from a judgment rendered against them in the sum of $4,500 as damages for breach of certain contracts.

Plaintiff brought suit against defendants to recover damages for breach of contracts and for an accounting. The original complaint contained six causes of action, the first of which was based on a general contract, and the second, third, fourth and fifth on two specific written contracts, designated as order No. 458 and order No. 159, which were made pursuant to the general contract. The sixth cause of action was for an accounting.

At the close of the trial the plaintiff was permitted to file an amendment to his complaint. Defendants contend this is reversible error, and cite the case of Union Lumber Co. v. J. W. Schouten & Co., 25 Cal. App. 80 [ 142 Pac. 910 ], in support of their contention. Plaintiff relies on this same case.

We find that the complaint as amended contains the same subject matter as the original complaint and in effect is only a restatement of the several causes of action contained in the original complaint. We believe the trial court committed no error in allowing plaintiff to amend his complaint and that the above-named…