Rush v. Eileen Rich, Inc.

Defendant moves under rule 106 of the Rules of Civil Practice to test the sufficiency of the plaintiff’s complaint herein for breach of contract. The sole objection to the complaint, as advanced in defendant’s brief, is the plaintiff’s alleged failure to comply with rule 92 of the Rules of Civil Practice. It is defendant’s contention that: “ The complaint in this action is devoid of any facts showing that the plaintiff has performed on its part. The complaint does not set forth any statement required by Rule 92 of the Rules of Civil Practice. ’ ’ (Emphasis supplied.)

It is apparent that the…