RIEBERGER v. RIEBERGER

Docket No. 5,061.

18 Mich. App. 317 (1969)

171 N.W.2d 42

RIEBERGER v. RIEBERGER

Michigan Court of Appeals.

Decided July 28, 1969.


Attorney(s) appearing for the Case

Smith, Bokos & Jones, for plaintiff.

Elsman, Young & O'Rourke, for defendant.

Before: FITZGERALD, P.J., and LEVIN and T.M. BURNS, JJ.


PER CURIAM.

At trial and on this appeal the plaintiff objected to the introduction of evidence by the defendant in support of a defense of failure of consideration. This defense had not been affirmatively pleaded by the defendant as required by GCR 1963, 111.7 and Rule 9.4 of the rules of the Common Pleas Court of Detroit. The plaintiff argued that since such defense had not been pleaded it was waived. GCR 1963, 111...

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