Citty v. Manufacturing Co.
Tennessee Supreme Court
FROM HAMILTON. Appeal in error from Circuit Court of Hamilton County. Jno. A. Moon, J.
1Opinion of the CourtWilkes, J.
The only question of importance in this cause is whether the statute of frauds can be relied upon under the general issue, or whether it must be specially pleaded by the defendant, in order that he may obtain the benefit of the same. *277The decisions ave uniform that the statute must be set up in the pleadings, and its benefits claimed in all cases where, in fact or in law, the defendant admits making the alleged contract, otherwise the defendant will be held to have waived the benefit of it.
In many of the States of the Union, and in England until the making of the late rules under the…
2Cases cited4 opinions
- Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
- Graffam v. PierceMassachusetts Supreme Judicial Court · 1887
- Chicago & Wilmington Coal Co. v. LiddellIllinois Supreme Court · 1873
- Gordon v. MaddenSupreme Court of Missouri · 1884
3Cited by8 opinions
- Hammett v. Vogue, Inc.Tennessee Supreme Court · 1942
- Choate v. SewellTennessee Supreme Court · 1919
- Sharon B. Pollard, Plaintiff-Appellee/cross-Appellant v. E.I. Dupont De Nemours, Inc., Defendant-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 2005
- Bailey v. HenryTennessee Supreme Court · 1911
- King v. ColemanTennessee Supreme Court · 1897
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