Bryan and Company v. Kieckbusch

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that impossibility of performance was an affirmative defense because it “raised new matter not alluded to in the complaint”
• holding that impossibility of performance was an affirmative defense because it “raised new matter not alluded to in the complaint”
• party waived an affirmative defense because it was raised for the first time in an affidavit filed in support of a motion in opposition to summary judgment

Source: CourtListener parenthetical corpus (CC0).