Oscar Shank Textile Corp. v. Hemmerdinger

This is a motion to strike out certain allegations in the amended complaint under rule 103 of the Rules of Civil Prac*321tice. The allegations objected to in the 4th paragraph are clearly irrelevant. The complaint sets forth a contract for purchase at an agreed price, payment to be made by drafts on letters of credit, and the breach of such contract by the drawing of drafts based on a higher price. Whether the cause of action be in equity or at law, the representations made in fixing the price agreed upon are immaterial. The 11th paragraph sets forth upon information and belief that the…