Eldridge v. Friedman

New York Supreme Court

Eldridge v. Friedman

135 Misc. 542, 238 N.Y.S. 20, 1929 N.Y. Misc. LEXIS 984

DecidedDecember 9, 1929

StatusPublished

This text of 135 Misc. 542 (Eldridge v. Friedman) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eldridge v. Friedman, 135 Misc. 542, 238 N.Y.S. 20, 1929 N.Y. Misc. LEXIS 984 (N.Y. Super. Ct. 1929).

Pincite

Opinion

Harris, J.

A motion has been made by the defendant in each of the above actions, under subdivision 5 of rule 106 of the Rules of Civil Practice, for dismissal of the complaint.

Such motion should be denied in each case, because either the construction of the contract given by the plaintiff in the complaint is the proper one or the verbiage of the contract is ambiguous. As the complaint alleges payment in accordance with the plaintiff’s construction of the contract, to plead in accordance with the terms of the statute (Rules Civ. Prac. rule 92) “ duly performed ” would be surplusage. The plaintiff may have one bill of ten dollars costs on both of these motions.

Free access — add to your briefcase to read the full text and ask questions with AI

Harris, J.

A motion has been made by the defendant in each of the above actions, under subdivision 5 of rule 106 of the Rules of Civil Practice, for dismissal of the complaint.

Such motion should be denied in each case, because either the construction of the contract given by the plaintiff in the complaint is the proper one or the verbiage of the contract is ambiguous. As the complaint alleges payment in accordance with the plaintiff’s construction of the contract, to plead in accordance with the terms of the statute (Rules Civ. Prac. rule 92) “ duly performed ” would be surplusage. The plaintiff may have one bill of ten dollars costs on both of these motions.

Cite This Page — Counsel Stack

Bluebook (online)

135 Misc. 542, 238 N.Y.S. 20, 1929 N.Y. Misc. LEXIS 984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eldridge-v-friedman-nysupct-1929.