Storer v. Bion Exhibits, Inc.

Appellate Division of the Supreme Court of New York

Storer v. Bion Exhibits, Inc.

279 A.D. 756, 108 N.Y.S.2d 648, 1951 N.Y. App. Div. LEXIS 3668

Procedural entryThis page is a short order in Storer v. Bion Exhibits, Inc.. Read the opinion of the Court — 279 A.D. 1098 →

Appellate Division of the Supreme Court of the State of New York·Decided December 10, 1951·Published

Opinion

The allegations of defendant’s breach are entirely conelusory in the first cause of action. The second cause of action, under which plaintiff seeks to recover on quantum meruit for services rendered during the contract period, should not replead the allegations setting forth the contract between the parties, for the pleading of the contract without a proper allegation of the breach destroys his right to sue on quantum meruit. Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ., concur.

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

The allegations of defendant’s breach are entirely conelusory in the first cause of action. The second cause of action, under which plaintiff seeks to recover on quantum meruit for services rendered during the contract period, should not replead the allegations setting forth the contract between the parties, for the pleading of the contract without a proper allegation of the breach destroys his right to sue on quantum meruit. Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ., concur.

Storer v. Bion Exhibits, Inc., 279 A.D. 756, 108 N.Y.S.2d 648, 1951 N.Y. App. Div. LEXIS 3668 (N.Y. Ct. App. 1951).

Pincite

279 A.D. 756 (Storer v. Bion Exhibits, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.