This is a motion by plaintiff for summary judgment. The motion is denied. And, inasmuch as it appears without contradiction that the defendants have a good defense to the action, judgment will be granted to them dismissing the complaint. The court is empowered to and should do this notwithstanding there is no cross motion by defendants for summary judgment. (See Rules Civ. Prac., rule 113.)
Plaintiff admits the agreement by...
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