Kucker v. Gates Container Corp.

Order denying defendant’s motion to dismiss the plaintiff’s complaint for failure to state a cause of action reversed on the law, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. The complaint correctly pleads a cause of action based upon the breach by the defendant of a written contract of employment. However, the plaintiff annexed the contract to his complaint. The contract fails to support the construction placed upon it by the complaint. Where a variance exists between the'written contract and the conclusion drawn by the pleader, the writing must…