Armstrong v. Presslor

Dissenting Opinion

Gilkison, J.

I am unable to agree with the majority opinion in this case for the following reasons:

In the first 10 rhetorical paragraphs of the answer the defendant states that she admits, denies, or is without information as to the facts stated in each rhetorical paragraph of the complaint, and this is done without enlargement or elaboration. It therefore constitutes a good answer under rule 1-3 of our court.

Rhetorical paragraph 11 pleaded lack of consideration; 12 pleaded payment; 13 and 14 pleaded misrepresentation and fraud, and 15 pleaded set off. This made the answer…