The defendant contends that the verdict is not justified by the evidence, is excessive, and appears to have been rendered under the influence of passion and prejudice. No useful purpose would be served by discussing the evidence. An attentive examination of the record has satisfied us that the jury might find that the terms of employment, the compensation to be paid, and the time of actual service, were as claimed by plaintiff, and that the trial court was not required, in the exercise of judicial discretion, to set the verdict aside and grant a new trial.
A minor point raised is that the court erred in permitting plaintiff to amend his complaint to conform to the proof. It need not be discussed. It is well settled that trial courts not only may, but should, freely permit *Page 518 such amendments in order that there may be an end to litigation without putting the parties to needless expense.
Order affirmed.