McClendon

This is an appeal from a judgment in favor of the defendants, Theodore Pappas and Pete Stathes, in an action upon two promissory notes.

Respondents, who are the payees of the notes in question, assigned them to appellants by an endorsement which originally read: “Assigned to Collins H. McClendon and Paul A. Brunk or order.” Subsequently, someone crossed out the word, “Assigned,” and substituted therefor the word, “Pay.” A pretrial conference was held and on February 6, 1958, the pretrial conference order was filed. The order read:

The clerk’s record shows that the trial was completed on April 7, 1958. On May 1, 1958, appellants filed a motion to amend the pretrial conference order so as to limit the issue as to whether the alteration of the endorsement had been made without the consent of the respondents. The motion was denied.

Appellants contend that the trial court erred in refusing to grant their motion because their counsel never intended to stipulate that respondents would not be liable if the alteration of the endorsement was made without their knowledge or consent.

The trial court found ‘ ‘ [t] hat subsequent to the execution of the Assignment of said Promissory Note,…