Myers v. Blaise

Appeals from an order of preclusion granted upon defendants’ failure to comply with a demand for a bill of particulars and from an order requiring defendants to submit to examination before trial, in a summary proceeding for nonpayment of rent, in which proceeding defendants interposed an equitable counterclaim involving title and alleging a contract of sale and purchase and their willingness and ability to perform, and seeking specific performance. The plaintiff landlord having chosen to suffer the delay involved in the procedural remedies invoked by him and the defendants having chosen to…