American Lithographic Co. v. Dorrance-Sullivan & Co.

Hiscock, Ch. J.

This action is based solely on an account alleged to have been stated between the parties. The Appellate Division has granted defendant’s motion to dismiss the complaint on the ground that it does not state a cause of action. The necessary implication from this determination of course is that on no permissible interpretation of the facts set forth in the complaint is plaintiff entitled to succeed. We do not agree with this view.

As appears from the complaint a transaction took place between the plaintiff and defendant, in the communications hereinafter referred to sometimes…