6. [W]herefore he prays judgment if the said Thomas ought to have or maintain his said action....
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6. “[W]herefore he prays judgment if the said Thomas ought to have or maintain his said action.” This is the standard conclusion of a pleading in confession and avoidance. Compare the conclusion of plaintiff’s replication in the next paragraph of the report of the case. Why was defendant’s allegation that he had performed the bond treated as a matter of confession and avoidance?
507
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Civil Procedure Cases And Materials
ISBN: 9780314280169
11th Edition
Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff
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