Foulke v. Craftsmen's Guild, Inc.

259 A.D. 852, 19 N.Y.S.2d 676, 1940 N.Y. App. Div. LEXIS 6976

Opinion

Order granting in part and denying in part plaintiff’s motion to strike out as insufficient separate defenses contained in the answer, modified by striking out the words “ third and fourth ” contained in the first ordering paragraph and by substituting in lieu thereof the words “ and third,” and by inserting in the second ordering paragraph between the words “ the ” and “ fifth ” the word “ fourth,” and as so modified, in so far as appealed from, affirmed, without costs. The fourth defense is sufficient. (6 Williston on Contracts [Rev. ed.], § 1937; Buffalo & L. Land Co. v. Bellevue L. & I. Co., 165 N. Y. 247; Lorillard v. Clyde, 142 id. 456, 462; Maidment v. Krause Milling Company, 225 App. Div. 492, 494-497.) Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.