Ebner

(after stating the facts as above). It is contended that the trial court erred in denying the application of the plaintiff in error for leave to amend his answer so as to allege that the claim for $1,800 for traveling, hotel, and other incidental expenses incurred on his trip to Boston was for expenses incurred in the year 1899, instead of in the year 1901, as originally alleged in the answer. We need not pause to discuss the question whether the trial court abused discretion in denying this application; for the record shows that, when the defendant in error took judgment, it remitted $886.50 of the items involved in the proposed amendment, and took judgment only for $313.50, which was for dinners, entertainments, *263 and incidentals to stockholders and prospective buyers of stock. As to those items the trial court very properly held that the plaintiff in error was not entitled to credit, since there was no contract to pay and no liability on the part of the corporation to pay them. The court said: “It was not any part of his duty as superintendent or president to go to Boston and entertain those people, and there was no agreement that he should do it; no agreement to pay for…