Automatic Radio Mfg. Co. v. National Carbon Co.

McLELLAN, District Judge.

The defendant’s consolidated motion was heard this morning. The motion seeks a dismissal of the action upon the sole ground that none of the three counts of the complaint (declaration) contains a sufficient allegation of special damages. While I think it very doubtful whether the complaint contains an allegation of special damages sufficient to warrant a denial of the motion to dismiss, I am not prepared to say that the plaintiff’s damages are alleged so deficiently as to require a dismissal of the action. The case seems to me one where the ordering of a bill of…