Sec. 52-136. Amendment from contract to tort and vice versa.
Sec. 52-136. Amendment from contract to tort and vice versa. The complaint
in an action brought for breach of contract may be amended so as to set forth instead a
cause of action founded on a tort, arising from the same transaction or subject of action;
and any complaint founded on a tort may be amended so as to set forth instead a cause
of action for a breach of contract arising out of the same transaction or subject of action.
(1949 Rev., S. 7857.)
See Sec. 52-244 re circumstances under which plaintiff may not recover costs.
"A cause of action arising from the same transaction" is identical in substance with the term "ground of action". 56 C.
594. Cited. 60 C. 500. Refers not to a new count, but such an amended statement as makes it a statement of a new cause
sounding differently. 63 C. 372. Cited. 66 C. 500. Court may in its discretion allow the filing of amendments to pleadings
before, during and after trial. 135 C. 170.