APPEAL AND ERROR - RAISING INSUFFICIENCY OF DEFENSE FOR FIRST TIME ON APPEAL

Authors

Abstract

In defense to plaintiff's action for wages defendant pleaded facts showing an agreement whereby plaintiff was to accept $4,000 in full satisfaction of her claim. The jury found that no such agreement had been made and rendered a verdict for plaintiff in the sum of $7,500. On appeal by defendant the case was sent back for a new trial because of an error in the admission of evidence offered by plaintiff as to the existence of the alleged agreement. Appellee contended that notwithstanding the error the judgment should be affirmed because the agreement pleaded, even if proved, would not constitute a defense, since this would amount to an accord without a satisfaction, it being admitted that the $4,000 was not paid. Held, that insufficiency of the defense, not having been raised in the lower court, was waived and could not be raised for the first time on appeal. Strand v. Bleakley, (Iowa 1932) 243 N. W. 306.

Recommended Citation

APPEAL AND ERROR - RAISING INSUFFICIENCY OF DEFENSE FOR FIRST TIME ON APPEAL, 31 Mich. L. Rev. 1150 (1933).
Available at: https://repository.law.umich.edu/mlr/vol31/iss8/11