East v. Endicott Forging & Mfg. Co.

We agree with the Special Term that the complaint does not state a cause of action for reformation. (Curtis v. Albee, 167 N. Y. 360; City of New York v. Pennsylvania R. R. Co., 281 App. Div. 27, affd. 305 N. Y. 788.) Nor does the pleading entitle plaintiff to an accounting. (Uhlman v. New York Life Ins. Co., 109 N. Y. 421; Niehaus v. Niehaus, 141 App. Div. 251; Marvin v. Brooks, 94 N. Y. 71.)

However, paragraph twenty-four of the complaint alleges that “ the defendant arbitrarily and unreasonably failed, neglected or refused to make shipment under orders received and accepted by it from the…