MALASARTE v. COLEMAN

No. 436.

393 P.2d 902 (1964)

Blas MALASARTE and Jean Malasarte, individually d/b/a Malasarte Insurance, Appellants, v. Sam COLEMAN and Sadie Coleman, Appellees.

Supreme Court of Alaska.

July 10, 1964.


Attorney(s) appearing for the Case

John S. Hellenthal, Anchorage, for appellants.

Clark & Savage and Lloyd S. Kurtz, Jr., Anchorage, for appellees.

Before NESBETT, C.J., and DIMOND and AREND, JJ.


NESBETT, Chief Justice.

The question is whether the trial court erred in denying appellants' request for a continuance after it had permitted appellee-plaintiffs to amend their complaint based on breach of contract to add a claim for relief in negligence after trial had commenced.

The complaint alleged in part, with respect to a building owned by appellees:

"That this building had been insured for $10,000.00 through the Defendants' agency for a number...

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