Baird & Daniels Co. v. Victory Sparkler & Specialty Co.

INCH, District Judge.

This is a motion by plaintiff for judgment on the pleadings, which consist o'f a complaint and answer, pursuant to section 476 of' the Civil 'Practice Act of the state of New York. This section warrants granting of judgment where the pleadings or the admissions of a party raise no question of fact that is material and necessary to be decided by a jury, either as to the cause of action or the defense.

I fail to find any question of fact presented by the pleadings. The cause of action is based on a written contract between the parties. Defendant’s qualified denial thereof…