Glassmeyer v. Glassmeyer

At the trial of this cause, plaintiff-appellee’s counsel made an opening statement, at the conclusion of which defendant-appellant’s counsel made a motion for judgment on the pleadings and opening statement. By leave of the court, plaintiff’s counsel was permitted to supplement his opening statement. Thereupon, he read the written agreement sued upon, and, in addition, said: “As I said before, this action is brought by the administrator who contends that there have been no payments made since September 1, 1953. There is no denial in the answer or no affirmative pleading that payments have…