Kaufman & Broad Homes, Inc. v. Allied Homes, Inc.

How courts have described this case

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

• waiver applied where the defense was not set forth in the pleadings and the new defense was asserted for the first time in final argument
• the facts constituting any affirmative defense must be plainly set forth in the answer or reply so as to ensure that the reviewing courts are not asked to rule upon questions which were not raised and argued below
• the facts constituting any affirmative defense must be plainly set forth in the answer or reply so as to ensure that the reviewing courts are not asked to rule upon questions which were not raised and argued below

Source: CourtListener parenthetical corpus (CC0).