Seifert v. Gildersleeve

The plaintiff did not, in his complaint, allege the execution of the instrument of May 21st as the contract between the parties, but, on the contrary, pleaded that his signature thereto was procured by fraud, by reason of which he repudiated it. Nor did he, by any appropriate allegations in his reply to the answer and in his answer to the petition in intervention, set up any breaches by the defendants, of the contract of May 21st. Consequently, the trial court was right in declining to pass upon any issue relative to the breach of that contract by defendants, and no such issue is determined…