Frye v. Warren

*195SEPARATE CONCURRING OPINION.

STURGIS, J.

In the case of Sidway v. Mo. Land & Live Stock Co., 163 Mo. 342, 372, 63 S. W. 705, the court said: ‘ ‘ The primary duty to make the pleading clear and unequivocal is on the party who drafts it; he it is, who without motion or suggestion from his adversary, on whom rests the onus of making the pleading definite and certain, which burden cannot be cast on the adversary, by the fault of the pleader failing to perform his own duty. And notwithstanding pur statute (section 629), requires pleadings to be liberally construed, etc., this only extends to the…