Miller v. Donovan

Citations

• 11 Idaho 545
• 83 P. 608
• 1905 Ida. LEXIS 86

Syllabus

<p>Pleadings — Issues Made Under Denials — Illegal Contract and Pailure oe Title Must be Affirmatively Pleaded.</p> <p>1. Where plaintiff alleges the sale and delivery of property and failure and refusal by defendants to pay the purchase price, and defendants deny purchasing or receiving the property, evidence is not admissible under such denial for the purpose of showing illegality of contract or failure of title in plaintiff to the property alleged to have been sold.</p> <p>2. A defendant who desires to show illegality of contract as being in violation of a statute or of public policy or would show failure of title or consideration must affirmatively allege such defense so as to apprise the adverse party of the nature of defense he will be called upon to meet.</p> <p>3. Failure to make such allegations will only be excused where the illegality or failure of title or consideration appears from the complaint itself.</p> <p>4. Issues not raised by the pleadings and presented to the trial court will not be considered on appeal.</p> <p>(Syllabus by the court.)</p>