Blau v. McCall Corp.

1. (a) Where, in an action for breach of contract, brought in two counts, the defendant filed general and special demurrers to each count, and the general demurrer to each count was sustained on March 23, 1951, “with leave to amend within 15 days, in default of which the said count . . is dismissed,” such order was dual in character, in that the part requiring amendment was merely interlocutory in character and subject to exceptions pendente lite, while the part providing for automatic dismissal at the end of the 15-day period allowed for amendment constituted a final judgment ending the case…