new matter

That which, in defense, the defendant must plead affirmatively and prove. 29 Am J2d Ev § 129; 41 Am J1st PI § 156. Acts, transactions, or happenings which occurred subsequent to those complained of by the plaintiff and which do not form a part of the original contract or transaction but are independent of it. 41 Am J1st Pl § 156. Whatever fact, if proved, would not tend to contradict the plaintiff's pleading, but would tend to establish some circumstance, transaction, or conclusion of fact not inconsistent with the truth of all the allegations in such pleading. Baldwin Locomotive Works v Edward Hines Lumber Co. 189 Ind 189, 125 NE 400, 127 NE 275, 13 ALR 1059.