The defendant municipality moved to strike portions of the plaintiffs' statement of claim under Rule 25.11, arguing they improperly pleaded evidence and irrelevant facts.
The plaintiffs, land developers, sued for breach of contract and bad faith regarding a subdivision development.
The Master dismissed the motion, finding that where bad faith is alleged, the requirement to provide full particulars under Rule 25.06(8) overrides the prohibition against pleading evidence, and the impugned paragraphs properly detailed the alleged bad faith conduct.
