Herr v. Kennedy
Arizona Supreme Court
APPEAL from a judgment 'of the Superior Court of the County of Coconino. J. E. Jones, Judge. STATEMENT OE FACTS. Herr sued Kennedy on account for hay sold and delivered, alleging: “That during the month of December, 1918, at the request of the defendant, plaintiff sold and delivered to the dgfendant (in that county) 45,155 pounds, making 22 58/100 tons of baled hay, of the reasonable value and agreed price of $677.32. That the defendant promised and agreed to pay the said…
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APPEAL from a judgment 'of the Superior Court of the County of Coconino. J. E. Jones, Judge. STATEMENT OE FACTS. Herr sued Kennedy on account for hay sold and delivered, alleging: “That during the month of December, 1918, at the request of the defendant, plaintiff sold and delivered to the dgfendant (in that county) 45,155 pounds, making 22 58/100 tons of baled hay, of the reasonable value and agreed price of $677.32. That the defendant promised and agreed to pay the said price and value therefor. That he had not paid the same, nor any part thereof, though demanded. That all was due and…
1Opinion of the CourtBaker, J.
(After Stating the Facts as Above.)— The denial in the answer that “there was 45,155 pounds of baled hay sold and delivered to the defendant” is an admission that a lesser number of pounds of hay were sold and delivered to the defendant. The denial “that the said hay was originally worth the sum of $677.32” is an admission that the hay delivered was worth any sum less than $677.32. Each one of these denials is an example of a negative pregnant. As a general rule no issue» can be joined on a negative pregnant because the affirmative implication to which it is open destroys the effect of the…
2Cited by11 opinions
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