Goldner Trucking Corp. v. Stoll Packing Corp.

In an action to recover damages for breach of a written agreement for the leasing of certain motor vehicles, the appeal is from an order (a) denying appellant’s motion to compel respondent to reply to the second affirmative defense (Civ. Prae. Act, § 274), (b) granting respondent’s motion to strike out appellant’s first and second affirmative defenses and part of its third affirmative defense (Rules Civ. Prae., rule 109, subd. 6), and (c) modifying appellant’s notice to examine respondent before trial. ■ Order modified by inserting, after the word “ entirety ” in the first ordering paragraph,…