STEVENS v. LANG


99 F.Supp. 259 (1951)

STEVENS v. LANG.

United States District Court S. D. New York.

August 23, 1951.


Attorney(s) appearing for the Case

Emanuel Eschwege, New York City, for plaintiff.

Gettinger & Gettinger, New York City (Edward Gettinger, Robert S. Gettinger, New York City, of counsel), for defendant.


WEINFELD, District Judge.

By motion to dismiss under Rule 12(c), Fed.Rules Civ.Proc. 28 U.S.C.A., the defendant challenges the sufficiency of the complaint in an action for breach of contract. Federal jurisdiction rests on diversity of citizenship.

The complaint alleges, in substance, that the defendant, who represented that he had been a widower since May 12th, 1949, proposed marriage to the plaintiff several months thereafter. There were, however, circumstances...

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