Findley

This is an appeal from a judgment in favor of plaintiff in an action to recover the sum of fifteen thousand dollars with interest, attorneys’ fees and costs, alleged to be due upon a promissory note of the defendant.

The only question presented upon this appeal is as to whether the trial court erred in denying the defendant’s application to amend his answer at the time of the trial of the case.

That this is one of the most flagrant instances of abuse of the processes of justice for purposes of delay and of a frivolous appeal which has come within our purview the following undisputed facts will show: The plaintiffs commenced this action on May 13, 1916, by filing their complaint upon a promissory note and contract which were set forth therein and which called for the payment to the plaintiffs of the sum of fifteen thousand dollars by the defendant as the purchase price of 1,287% shares of the capital stock of the Independent Sewer Pipe Company and four shares of the capital stock of the Pacifip Tile and Terra Cotta Company. [1] On June 26,1916, the defendant filed his answer herein admitting all the allegations of the complaint with respect to the purchase of the said stock and…