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Defence by way of Denial to traverse some particular Fact.
Defences which admit a Contract in Fact.
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LXX. In Actions upon Contract, every Defence by way of Denial must traverse some One or more than One material Matter of Fact, as, for instance, the drawing, or making, or endorsing, or accepting, or presenting, or Notice of Dishonour of a Bill or Note; and every Defence which admits a Contract in Fact, but relies upon Matter of Avoidance or Discharge, or Illegality on the Ground of Fraud or otherwise, as, for instance, Infancy, Coverture, Release, Payment or Performance, Illegality of Consideration, either by Statute or Common Law, drawing, endorsing, accepting Bills or Notes by way of Accommodation, Set-off, mutual Credit, Misrepresentation, Concealment, Deviation, shall be so expressly pleaded.
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