Pallott v. Elaborated Ready Roofing Co.

The action is one to recover damages for the breach of a contract of hire. The particulars specified in the notice for examination, to which objection is made, relate to matters connected with the performance of the contract by the plaintiff and the facts and circumstances in relation to his discharge.

The issue upon these matters is raised by a denial of knowledge or information sufficient to form a belief. Section 288 of the Civil Practice Act authorizes an examination of a party which *320is “ material and necessary in the prosecution or defense of the action.” Section 261 provides that the…