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general plea of performance

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 30 U.S. 141 - John Simonton v. Samuel Winter · 1831Most cited · 16 citing opinions

The plea is certainly bad. It amounts to a general plea of performance, when the declaration contains an assignment of a particular breach. This cannot be done. The defendant was bound to meet the allegation of the particular breach. Issue cannot be taken on a general plea of performance; and the plaintiff, if driven to reply, would be obliged to repeat his declaration.