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Bouvier's Law Dictionary, Revised 6th Edition (1856)

REPUGNANCY, 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. 4 Pick. 54; Vide 3 Pick. 272; 6 Cowen, 677.


REPUGNANCY, 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. Gilb. C. P. 131;
Co. Litt. 303 b; 10 East, R. 142; 1 Chit. Pl. 233. See Lawes, Pl. 64; Steph.
Pl. 378; Com. Dig. Abatement H 6; 1 Vin. Ab. 36; 19 Id. 45; Bac. Ab.
Amendment, &c. E 2 Bac. Ab. Pleas, Ac. I 4 Vin. Ab. h.t.

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