2. During the trial the defendants asked leave to amend the answer by.inserting an allegation to the effect that, owing to the negligent use of the upper story by the plaintiff and his tenants, the water fittings were allowed to overflow, and the water to run down, so as to render the store untenantable for defendants' purpose, or for any purpose. The request was denied. We perceive no error in the action of the court. It does not appear that defendants made any showing of the necessity to amend, nor was the amendment sought for the purpose of making the allegations correspond to the evidence already introduced. Some testimony had been received tending to prove that lodgers or tenants on the second floor had allowed water to overflow the sinks. But this evidence was received as one of the inducements for the alleged agreement for alteration or cancellation of the lease pleaded in the second defense, and not as supporting the averments constituting the first defense and counterclaim. It does not appear that the court abused its discretion in refusing the application, which was made during the progress of the trial.