Thompson v. Ferguson Turnley

On Motion for Rehearing.

The appellant maintains that the defense of bad faith was available under a general denial and submits a number of authorities. In our opinion they are not in point. So far as we have been able to ascertain, the rule of pleading in such case is correctly stated in Corpus Juris, in the title on Brokers, as follows:

“Thus the defense that plaintiff acted also for the other party, without defendant’s knowledge, cannot be proved under a general -denial, but must also be specifically pleaded; and this rule also generally applies to the defense of bad faith or fraud.” 9 C. J.…