La Bue v. Tilo Roofing Co.

In an action to recover damages for injury to plaintiff’s property as the result of defendant’s negligence in work preliminary to the installation of a new roof by it, defendant pleaded an affirmative defense in its answer that plaintiff had agreed in the written contract for the work that defendant was not to be liable “ for any interior damage either to building or contents.” On April 28, 1952, an order was entered, on defendant’s consent, granting plaintiff’s motion to strike out this defense for insufficiency. At the trial defendant moved to amend its answer to include the defense struck…