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Kendig v. J. J. Coan, Inc.

220 A.D. 797 Court Fourth Department, English

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p. 797
Fourth Department,
May, 1927.
Edwin Kendig, Respondent, v. J. J. Coan, Inc., Appellant.

Headnote

Pleadings *— complaint is insufficient in that it fails to allege consideration or facts from which it may be inferred.
Appeal from an order of the Supreme Court, made at the Oswego Special Term and entered in the Oswego county clerk’s office on December 23, 1926, denying a motion made by the defendant for judgment on the pleadings and a dismissal of the complaint.

We think the complaint is insufficient in failing to allege consideration or any facts from which it may be inferred or any contract which implies it. The rule of pleading is well settled. (National Citizens' Bank v. Toplitz, 178 N. Y. 464 .) We can only guess what happened prior to the alleged undertaking of October 1, 1922. There is no basis for logical deduction. The order should be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs, with leave to plaintiff to serve an amended complaint within twenty days, etc. All concur. Present- — Hubbs, P. J., Clark, Sears, Crouch and Taylor, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, with leave' to the plaintiff to serve an amended complaint upon payment of the costs of the motion and of this appeal.

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