2. Two contrary qualities cannot be in the same person at the same time. Dig. 41, 10, 4.
3. Every one is presumed to know the quality of the person with whom he is contracting.
QUALITY, pleading. That which distinguishes one thing from another of the same kind.
2. It is in general necessary, when the declaration alleges an injury to the goods and chattels, or any contract relating to them, that the quality should be stated and it is also essential, in an action for the recovery of real estate, that its quality should be shown; as, whether it consists of houses, lands, or other hereditaments, whether the lands are meadow, pasture or arable, &c. The same rule requires that, in an action for an injury to real property, the quality should be shown. Steph. Pl. 214, 215. Vide, as to the various qualities, Ayl. Pand. [60.]