PLEADING-HOW TO RAISE THE ISSUE OF PAYMENT

Authors

Abstract

On rehearing in an action on contract for money two questions were presented to the court, to wit: first, is an allegation of non-payment essential in order that this complaint might state a cause of action; and second, can the issue of payment be raised by the defendant's general denial? Held, in Hughes v. Wachter an allegation of non-payment is necessary in the complaint, and the defendant may prove payment under a general denial.

Recommended Citation

PLEADING-HOW TO RAISE THE ISSUE OF PAYMENT, 31 Mich. L. Rev. 132 (1932).
Available at: https://repository.law.umich.edu/mlr/vol31/iss1/26