Berryman v Toup-Nicolas - [1958] NZLR 1170

Practice — Pleadings — Amendment — Statement of Claim for Specific Performance of Agreement and Damages for Breach — No Claim made for Value of Services on Quantum Meruit — Evidence not called for Defendant — Amendment to include Claim on Quantum Meruit refused — Judgment for Defendant without Prejudice to Plaintiff's Right to bring New Action claiming Further Relief — Defendant entitled to conduct Case and confine Evidence in Reliance on Pleadings — Exercise of Discretion in refusing Amendment not interfered with — Position met by Order dismissing Action without Prejudice to Plaintiff's Right to bring New Action — Code of Civil Procedure, RR. 270, 271, 555.