174 A.D. 368 | N.Y. App. Div. | 1916
The question presented by this appeal relates to the sufficiency of the allegations of the complaint with respect to a breach of the contract therein alleged, for which damages are demanded.
The plaintiff alleges that the parties entered into an agreement, whereby, in consideration of certain specified agreements on the part of the plaintiff with respect to a “ Better Babies Contest ” to be conducted by it, the defendant agreed to secure
A general allegation of due performance by plaintiff of conditions precedent to his right to recover on a contract without stating the facts constituting performance is expressly authorized (Code Civ. Proc. § 533); but not so as to a breach of contract by the defendant.
There is no allegation of fact with respect to any act or
It follows that the order should be reversed, with ten dollars costs, and disbursements, and motion granted, with ten dollars costs, but with leave to plaintiff to amend on payment of the costs and disbursements.
Clarke, P. J., Scott, Smith and Page, JJ., concurred.
Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, with leave to plaintiff to amend on payment of costs.