Columbian Mutual Life Insurance v. Carter

1. In an action upon an alleged contract, the petition should affirmatively disclose (when construed most strongly against the pleader), among other things, (1) the existence of the contract, (2) the failure of the defendant to perform some obligation due to the plaintiff thereunder, and (3) consequent damage to the plaintiff. It is not necessary for the plaintiff to anticipate and negative any possible defense that the defendant may have to the contract sued on; yet, where the plaintiff in his petition does anticipate a possible defense by the defendant, it must be effectually avoided, or…