York v. Steward, 21 Mont. 515 (1898)

Citation: York v. Steward, 21 Mont. 515 (1898)
Parent Document: York v. Steward, 21 Mont. 515 (1898)
Jurisdiction: Montana (state)
Effective Date: 1898-11-07
Original Source: https://www.courtlistener.com/opinion/6757012/york-v-steward/ ↗

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Defendants insist,' however, that, having pleaded fraud, concealment, and misrepresentation in the making of the lease, it was competent for them to show the actual condition of the *519building, and its unfitness for the purpose intended. In answer to this contention it is sufficient to say that neither fraudulent misrepresentation nor concealment is pleaded. The answer, it is true, alleges that the plaintiff represented the building to be suitable, but it is silent as to whether or not the representation was fraudulently made. The averment that the representation was false is tantamount to saying that it was merely untrue. (Budd v. Power, 8 Mont. 380, 20 Pac. 820.)

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