Avery Manufacturing Co. v. Lambertson

Citations

• 74 Kan. 304
• 86 P. 456
• 1906 Kan. LEXIS 60

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme'Court — General Exception to Different Rulings — Motion to Reform Pleading. A general exception to a number of different rulings on a motion to reform a pleading is unavailing unless all of the rulings are erroneous as to the party who takes the exception.</p> <p>2. Estoppel and Waiver — Trial of Issue Not Raised by the Pleadings. Where the parties to an action contest a question of fact by examining and cross-examining witnesses with reference thereto without objection by either, although such fact is not at issue under the pleadings, neither party will be heard to say that a finding by the court, as to such fact, is without the issues in the case.</p> <p>3. -Enlargement of the Issues. In such a case the parties by their conduct will be held to have broadened the issues made by the pleadings and to have included the contested fact therein.</p> <p>. 4. Written Contract — Consideration—Pleading—General Denial. Where a defendant in his answer pleads, as a defense, the making of a written contract between himself and the ' plaintiff, but specifies no consideration for such contract, the law imports a consideration therefor. And if this defense is only controverted in the reply by a general denial the issue of no consideration is not raised — the want of consideration must be pleaded in the reply.</p>