BRAY, J.
Trial was had upon plaintiffs' fourth amended complaint, containing two counts: (1) for damages in the sum of $3,018.56 for alleged defects in the construction of certain buildings erected by defendant Leroy N. Minks for plaintiffs; (2) a common count for moneys had and received in the sum of $6,983.64. During the trial, the court, over defendants' objection, permitted plaintiffs to amend the first count to conform to the proof by decreasing the amount alleged...
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