Whether plaintiff may be relieved of the agreement insofar as it has been executed may be tested by an appropriate partial defense. The said defense is insufficient and should be stricken insofar as it purports to plead a complete defense. The first and second defenses to the first cause of action were properly upheld. At least the defendant should be allowed to develop the claims set forth therein, if he can do so apart from the 1935 agreement.
The order appealed...
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