Petkus v. Bankas

This is a motion made by the defendant for judgment under section 476 of the Civil Practice Act. It is made upon the pleadings and bill of particulars. The amended complaint, defendant claims, fails to state a cause of action in that while purporting to proceed upon the theory of a rescission of a contract made by plaintiff with the defendant, which contract has not been performed by the defendant in any particular, it fails to allege a rescission or facts constituting a rescission; that on the contrary, such facts as it pleads are insufficent in law to be a rescission.

Plaintiff conceded he…