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Common Law Procedure Act 1852

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This is the original version (as it was originally enacted).

Pleas in Actions on Contracts

36. That he never was indebted as alleged. [This Plea is applicable to Declarations like those numbered 1 to 14.] 37. That he did not promise as alleged. [This Plea is applicable to other Declarations on Simple Contracts, not on Bills and Notes, such as those numbered 19 to 22. It would be unobjectionable to use " did not warrant," " did not agree," or any other appropriate Denial.] 38. That the alleged Deed is not his Deed. 39. That the alleged Cause of Action did not accrue within Six Years [state the Period of Limitation applicable to the Case] before this Suit. 40. That before Action he satisfied and discharged the Plaintiff's Claim by Payment. 41. That the Plaintiff at the Commencement of this Suit was, and still is, indebted to the Defendant in an Amount equal to the Plaintiff's Claim, for [here state the Cause of Set-off, as in a Declaration ; see Forms ante], which Amount the Defendant is willing to set off against the Plaintiff's Claim. 42. That after the alleged Claim accrued, and before this Suit, the Plaintiff by Deed released the Defendant therefrom.

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