RUEGG v. FAIRFIELD SEC. CORP.


281 A.D. 1023 (1953)

Lisette V. Ruegg, as Administratrix of The Estate of Erhart Ruegg, Deceased, Appellant, v. Fairfield Securities Corporation, Respondent

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

May 19, 1953.


While the complaint may not be artistic in alleging that defendant promised to pay in consideration of plaintiff's intestate's forbearance and that there was such forbearance in reliance on the promise, we read the complaint as sufficiently alleging such facts and, as so construed, the complaint is sufficient.

Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion to dismiss under rule 106 denied, with leave to the defendant...

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