First National Bank of Detroit v. Hollins

Order reversed as to defendant Govin, with ten dollars costs and disbursements. Defendants’ motion to strike out the second amended complaint denied, with ten dollars costs. The precise averment that the written part of the agreement alleged in paragraph 19 is contained in the two letters set forth, and that all else beyond the terms of the letters is oral, renders the complaint, as so amended, sufficiently definite and certain. Jenks, P. J., Burr, Carr, Stapleton and Putnam, JJ., concurred.