Suit v. Woodhall
Massachusetts Supreme Judicial Court
Contract on an account annexed, the first item of which was for certain whiskey sold by the plaintiffs to the defendant on June 17,1874; the second item being for casings sold the same day. The answer first set up the defendant’s ignorance as to whether the plaintiffs sold him the goods described in the account annexed, and left the plaintiffs to their proof.
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Contract on an account annexed, the first item of which was for certain whiskey sold by the plaintiffs to the defendant on June 17,1874; the second item being for casings sold the same day. The answer first set up the defendant’s ignorance as to whether the plaintiffs sold him the goods described in the account annexed, and left the plaintiffs to their proof. It then proceeded (omitting certain allegations as to the casings, which it is now unnecessary to state) as follows: “ If it shall be made to appear that the plaintiffs ever sold and delivered said items or either of them to the…
1Opinion of the CourtGray, C. J.
It is the object of every system of pleading to bring the controversy to a precise and definite issue for trial. The common law required that in every plea material facts should be alleged directly and positively. Gould Pl. c. 3, § 49. Even under the St. of 1836, c. 273, which abolished special pleading, and required the general issue to be pleaded in all cases, with a specification of the matters intended to be given in evidence, it was held that such a specification must contain as distinct an allegation of the grounds of defence, though not in the same technical form, as a special plea.…
2Cases cited2 opinions
- Hanson v. HerrickMassachusetts Supreme Judicial Court · 1868
- Cassidy v. FarrellMassachusetts Supreme Judicial Court · 1872
3Cited by20 opinions
- Nowel v. Equitable Trust Co.Massachusetts Supreme Judicial Court · 1924
- O'Brien v. SheaMassachusetts Supreme Judicial Court · 1911
- Buchtel v. EvansOregon Supreme Court · 1891
- Croco v. Oregon Short Line RailroadUtah Supreme Court · 1898
- Caverly v. McOwenMassachusetts Supreme Judicial Court · 1878
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