Anderson v. Anderson

A rehearing was granted in this case on the question whether, under- the pleadings, the plaintiff could *165introduce evidence to prove that the written agreement, which on its face showed a settlement by the parties of their partnership affairs, and which was pleaded by the defendant in bar of the action, was obtained through mistake. The facts are fully stated in our former opinion (24 Utah 497, 68 Pac. 319), in which we held that, under the provisions of the Code of Civil Procedure, such evidence was not admissible under the pleadings; and, to have rendered such evidence admissible, the…