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Quantity Rule Iii the Pleadings Must Specify Quality


RULE III THE PLEADINGS MUST SPECIFY QUALITY, QUANTITY, AND VALUE. The third rule under this division is that the pleadings must specify quality, quantity add 'value.

Value must be specified in the legal denominations of the money of the country. Quantity, should be speci fied by the ordinary measures of extent, weight or ca pacity.

Where the nature of the subject matter will not conveniently admit of exact specification of quality or quantity, loose and general specification is sometimes admitted. In some kinds of actions, as debt, and in debitatis assumpsit, modern practice does not require quality, quantity or value of the goods sold in the pleading, but the amount due must be pleaded.

It is usually not material that quantity and value be proved as laid when they are laid under a videlicet, but a verdict cannot generally be obtained for a larger quantity or value than is alleged. But quality must be strictly proved as laid.