Rand v. Executives Holding Corp.

Appellate Division of the Supreme Court of New York

Rand v. Executives Holding Corp.

252 A.D. 771, 298 N.Y.S. 979, 1937 N.Y. App. Div. LEXIS 6238

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 18, 1937

StatusPublished

This text of 252 A.D. 771 (Rand v. Executives Holding Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rand v. Executives Holding Corp., 252 A.D. 771, 298 N.Y.S. 979, 1937 N.Y. App. Div. LEXIS 6238 (N.Y. Ct. App. 1937).

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Opinion

Order denying motion of defendant Farmers Estates Corporation to dismiss the complaint under rule 106 of the Rules of Civil Practice reversed on the law, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs, with leave to the plaintiff to serve an amended complaint within ten days after the service of the order hereon and the payment of costs allowed herein. The action is to recover on a contract. The facts constituting the breach are not pleaded, and the statements contained in the complaint are not sufficient to constitute allegations that the defendants repudiated the contract in toto and refused to be bound thereby or to perform on their part. (Baby Show Exhibition Co., Inc., v. Crowell Pub. Co., 174 App. Div. 368.) Hagarty, Carswell, Davis, Adel and Taylor, JJ., concur.

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Order denying motion of defendant Farmers Estates Corporation to dismiss the complaint under rule 106 of the Rules of Civil Practice reversed on the law, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs, with leave to the plaintiff to serve an amended complaint within ten days after the service of the order hereon and the payment of costs allowed herein. The action is to recover on a contract. The facts constituting the breach are not pleaded, and the statements contained in the complaint are not sufficient to constitute allegations that the defendants repudiated the contract in toto and refused to be bound thereby or to perform on their part. (Baby Show Exhibition Co., Inc., v. Crowell Pub. Co., 174 App. Div. 368.) Hagarty, Carswell, Davis, Adel and Taylor, JJ., concur.

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Bluebook (online)

252 A.D. 771, 298 N.Y.S. 979, 1937 N.Y. App. Div. LEXIS 6238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rand-v-executives-holding-corp-nyappdiv-1937.

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