Swift v. Chester Carbon Co.

From an examination of the complaint here involved we are unable to determine the theory under which the pleader seeks to recover. The acts complained of are said to be fraudulent as to plaintiff but this is only a general allegation of unspecified wrongdoing, and at best is but a legal conclusion. The usual and necessary averments of fraud are entirely lacking. No contract express or implied is alleged as existing between the plaintiff and the defendant Duell, nor is the plaintiff shown to be the beneficiary of any contract or trust by virtue of which the defendant Duel! is obligated to make…