Cohen v. Mahoney

The allegations of the complaint are confused by the pleader’s insistence on imposing upon the facts the legal consequences he desires to result. The complaint alleges that plaintiff and the individual defendant agreed to go into business together and it does state that they termed their relationship a partnership. Simultaneously there came into being an entity, now a defendant, called Appellate Press, Inc., described in the complaint as an “ organization * * * not sufficiently completed to form either a corporation de jure or a corporation de facto, * * * but nevertheless a distinct legal…