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.
Structure Connecticut General Statutes
Section 52-91. - Pleadings; contents of complaint.
Section 52-91a. (Formerly Sec. 52-38). - Foreclosure. Redemption. Matter in demand.
Section 52-92. - Demurrers to be specific.
Section 52-97. - Union of legal and equitable causes of action; limitation.
Section 52-98. - Pleadings to allege the material facts in concise form.
Section 52-99. - Untrue allegations or denials; costs.
Section 52-100. - Motions to expunge or correct pleadings.
Section 52-101. - Joinder of interested persons as plaintiffs.
Section 52-102. - Joinder of persons with interest adverse to plaintiff and of necessary persons.
Section 52-102b. - Addition of person as defendant for apportionment of liability purposes.
Section 52-103. - Citation of new parties by judge.
Section 52-104. - Joinder of plaintiffs and consolidation of causes.
Section 52-105. - Numerous parties may be represented by one.
Section 52-106. - Executor, administrator or trustee of express trust may sue or be sued alone.
Section 52-107. - Additional parties may be summoned in.
Section 52-108. - Nonjoinder and misjoinder of parties.
Section 52-109. - Substituted plaintiff.
Section 52-110. - Summoning in of third parties by defendant who counterclaims.
Section 52-111. - Effect of change of parties.
Section 52-112. - Insertion of names of partners in process in action by or against a partnership.
Section 52-113. - Common counts; bill of particulars.
Section 52-114. - Pleading of contributory negligence.
Section 52-115. - Pleading charters.
Section 52-117. - Action on probate bond.
Section 52-118. - Action by assignee of chose in action.
Section 52-119. - Pleading to be according to rules and orders of court.
Section 52-120. - Pleading filed by consent after expiration of time.
Section 52-122. - Procedure in certain actions not changed.
Section 52-123. - Circumstantial defects not to abate pleadings.
Section 52-126. - Action not abated on account of marriage.
Section 52-127. - Process not to be drawn or filled out by officer.
Section 52-128. - Amendment of pleadings by plaintiff; costs.
Section 52-129. - Amendment of pleadings in appeals from justices.
Section 52-130. - Amendment of defects, mistakes or informalities.
Section 52-131. - Amendment of claim against estate of insolvent debtor or deceased person.
Section 52-135. - Amendment of pleadings after default or demurrer overruled; costs.
Section 52-136. - Amendment from contract to tort and vice versa.
Section 52-137. - Amendment changing the relief sought.
Section 52-138. - Amendment calling for legal relief; jury trial.
Section 52-139. - Set-off of mutual debts; procedure.
Section 52-140. - Set-off by defendant in suit by assignee.