Frisch v. Kelly

Plaintiff has appealed from a final judgment dismissing with prejudice his complaint in a common law action seeking damages for breach of contract. The judgment was entered pursuant to defendant’s motion to dismiss the complaint for failure to state a cause of action.

The judgment of dismissal is based upon findings of the court that the allegations of the second amended complaint “are so vague, ambiguous, uncertain, indefinite and/or contradictory as to fail to state a cause of action.”

Appellant contends that the trial court was without authority to dismiss his complaint if the only objection…