Hardie v. International Milk Products Co.

Headnote

Contract — pleading — action to recover for alleged breach of contract — failure of complaint to state came of action.

Hardie v. Bent Milk Food Corpn., 207 App. Div. 513 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 21, 1924, which reversed an order of Special Term denying a motion by respondent for a dismissal of the complaint as to it and granted said motion. The complaint set forth the terms of three separate contracts, dated May 11, 1916, May 12, 1916, and September 7, 1916. The parties to the first contract were the defendant the Bent Milk Food Corporation and the defendant the International Milk Products Company. The contract called for the delivery of raw milk by the Bent Corporation to the International Company. The parties to the second contract were the International Milk Products Company and the plaintiff. The contract called for the delivery to the plaintiff of condensed milk manufactured by the International Company from raw milk delivered to it by the Bent Company. The third contract was supplementary to the earlier contracts. The parties thereto were the plaintiff, the International Milk Products Company and the Bent Milk Food Corporation. The complaint alleged a breach of the first contract by the Bent Corporation, a breach of the second contract by the International Company, and a breach of the third contract by both the International and the Bent Companies. It asserted that the plaintiff was damaged by these breaches, and sought recovery therefor from both the defendants named. The defendant the Bent Milk Food Corporation moved to dismiss the complaint as against it on the ground that no cause of action was stated.