STORER v. BION EXHIBITS, INC.


279 A.D. 756 (1951)

Douglas F. Storer, Respondent, v. Bion Exhibits, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 10, 1951.


Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs, with leave to plead anew within ten days after service of the order to be entered hereon.

The allegations of defendant's breach are entirely conclusory 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...

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