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.

See Sec. 52-244 re circumstances under which plaintiff may not recover costs.

(1949 Rev., S. 7857.)