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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Smith v. Thomas, 210 S.W.3d 241 (2006)

Citation
Smith v. Thomas, 210 S.W.3d 241 (2006)
Parent Document
Smith v. Thomas, 210 S.W.3d 241 (2006)
Jurisdiction
Missouri (state)
Effective Date
2006-10-03

Full Text

712 chars
617 S.W.2d 536, 542 (Mo.App. W.D.1981)) (“ ‘An affirmative defense contemplates additional facts not included in the allegations necessary to support plaintiffs case and avers that plaintiffs theory of liability, even though sustained by the evidence, does not lead to recovery because the affirmative defense allows the defendant to avoid legal responsibility.’ ”). “ ‘Any evidence which tends to show plaintiffs cause never had legal existence is admissible on a general denial even though the facts are affirmative, if and insofar as they are adduced only to negative the plaintiffs cause of action and are not by way of confession and avoidance.’ ” Rice, 844 S.W.2d at 66 (quoting Parker, 617 S.W.2d at 542).