Lee v. Mack

This is a motion made pursuant to rules 109 (suhd. 6) and 103 of the Rules of Civil Practice hy plaintiff Glenn 0. Lee to strike the second affirmative defense from the answer of defendants Ernest W. Mack and Helen R. Legg on the respective grounds that the asserted defense is insufficient in law, and that it is irrelevant, sham, frivolous and prejudicial to a fair trial of plaintiff’s actions.

Plaintiff’s complaint adequately sets forth two causes of action for work, labor, services and materials furnished by plaintiff at defendants’ request for certain repairs and improvements to real…