Connecticut General Statutes/Title 52/Chapter 898/Section 52-136

CGS § 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.

Short History

(1949 Rev., S. 7857.)

Citations

“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.

See Also

See Sec. 52-244 re circumstances under which plaintiff may not recover costs.

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