TAYLOR v. MORRISON

PLEADING. § 58 — express and implied contract, pleading in same count. Where complaint charged that in a divorce proceeding defendant needed $500 to make a settlement with his wife, and that the mother of defendant "negotiated a loan" from decedent of such money, the language of the complaint necessarily implied an express contract, and lower court properly dismissed complaint because of the attempt to plead, in the same count, an express contract and an implied contract, which are inconsistent.

Opinion by JUSTICE HAYES.

"Not to be published in full." Opinion filed June 23, 1941.