Rule 8: Manner of Making Allegations in Pleadings

Central Surety v. Hodges (March 30, 1971)

Facts:
When Layson defaulted in the discharge of his aforesaid obligation, Hodges demanded payment from the
petitioner, which, despite repeated extensions of time granted thereto, at its request, failed to honor its commitments
under the surety bond. Hodges commenced, therefore, the present action, in the Court.

Issue:
Whether or not Court of Appeals erred to the effect that the petitioner is liable for the full amount of surety bond.

Held:
Yes. Failure to specifically deny under oath the genuineness and due execution of an actionable document
generally implies an admission of the same by the other party. However, such implied admission is deemed waived if the
party asserting the same has allowed the adverse party to present evidence contrary to the contents of such document
without objection.