Fay v. Moehlenpah

This action is brought to recover commissions paid to the defendant in reliance upon her representation that she was acting as broker when the fact was that she herself was the principal. The first defense alleges, inter alla, that it was the plaintiffs who requested and induced the defendant to become the purchaser. If this allegation be true, the defendant would seem to have a good defense to the action. The fact that the defense might be provable under a general denial does not necessarily require that it be stricken out as insufficient (Staten Island M. R. R. Co. v. Hinchcliffe, 170 N. Y.…