This section is from the book "American Law Of Real Estate Agency", by William Slee Walker. Also available from Amazon: American law of real estate agency.
On the trial of a cause the defendant obtained leave to amend his answer by alleging "that after making the sales named they (plaintiffs) complained that the prices were too high as named by defendant, and made no effort to sell the same, but neglected the same, to the defendant's damage and injury." Held, that the matter involved in the amendment, not being pertinent to the case, was calculated to raise a false issue and distract the attention of the jury from the real questions for their determination. Marshall v. Goble, 32 Neb. 9, 48 N. W. 898.
 
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