Hancock v. Luke

I, too, am of the opinion that the complaint states a canse of action. Taking the answer by the four corners, and assuming all the matters therein alleged that are not in conflict with the provisions of the contract to be true, plaintiff is entitled to recover. It is suggested that the specific denials of the answer, aided by the general denial and the affirmative matters pleaded therein, “put in issue the charging part of the complaint.” If this is true, then,.of course, the defendants were entitled to a trial on the merits. ■ I think, however, an examination of the pleadings will show that…