Burr v. Carvel Dari-Freeze Stores, Inc.

This is an action for damages allegedly •sustained by reason of the defendant’s unlawful interference with an executed lease agreement between the plaintiffs and a *878third party. The answer consists of general denials and an affirmative defense by way of justification.

The plaintiffs now move under subdivision 6 of rule 109 of the Rules of Civil Practice to strike out the affirmative defense as being insufficient in law, and further, under rules 104 and 103, as being sham, scandalous and unnecessary. They move also to strike out paragraphs 2 and 3 of the defense as not being in conformity with…