H. H. Woodsmall & Co. v. Steele

On Petition for Rehearing.

Remy, J.

On petition for rehearing, it is urged by appellant that the general rule in jurisdictions having the code procedure, that the defense of dual agency must be specially pleaded, is not applicable in this State for the reason that the Code (§127 Code of Civil Proc., §386 Burns 1914, §377 R. S. 1881) provides: “Unde? a mere denial of any allegation, no evidence shall be introduced which does not tend to negative what the party making the allegation is bound to prove.”

It is appellant’s contention that, under this provision, the general denial, which puts in issue…