Smith v. D. A. Schulte, Inc.

Order on defendant’s appeal, insofar as it strikes out defendant’s second defense and counterclaim, unanimously affirmed. Order on plaintiff’s appeal unanimously modified by striking out defendant’s first and third counterclaims as insufficient in law, with $20 costs and printing disbursements, and with leave to serve a further amended answer within ten days after service of the order to be entered hereon, with notice of entry thereof. These counterclaims are deficient in failing to allege the nature of the duties which plaintiff Wendell H. Smith was called upon to perform for defendant D. A.…