REPUGNANCY

(A) contracts. That which in a contract, is inconsistent with something already contracted for; as, for example, where a man by deed grants twenty acres of land, excepting one, this latter clause is repugnant, and is to be rejected. But if a farm or tract of land is conveyed by general terms, in exception of any number of acres, or any particular lot, it is not repugnant, but valid. (B) pleading. Where the material facts stated in a declaration or other pleading, are inconsistent one with another for example, where in an action of trespass, the plaintiff declared for taking and carrying away certain timber, lying in a certain place, for the completion of a house then lately built; this declaration was considered bad, for repugnancy; for the timber could not be for the building of a house already built. 1 Salk. 213. 2. Repugnancy of immaterial facts, and what is merely redundant, and which need not have been put into the sentence, and contradicting what was before alleged, will not, in general, vitiate the pleading. An Inconsistency, opposition, or contrariety between two or more clauses of the same deed or contract, or between two or more material allegations of the same pleading.