Dunnan & Jeffrey, Inc. v. Gross Telecasting, Inc.

Plaintiff filed complaint seeking damages from defendant on a breach of contract theory. Defendant answered and denied the contract on the basis of no consideration and failure of consideration. Defendant also pleaded as affirmative defenses that there was no contract because there was no consideration and in. the alternative, defendant’s nonperformance was excused because of material breach by plaintiff or because the breach by plaintiff resulted in total failure of consideration. Plaintiff replied to the affirmative defenses and denied them. After plaintiff answered certain interrogatories…