Koerner v. Apple

This is a motion made under rule 107 of the Rules of Civil Practice to dismiss the complaint upon the ground that there is another action pending for the same cause and that the cause of action did not accrue within the time limited by law for the commencement of an action thereon. There is another action pending by the plaintiff to recover from the defendants amounts due to the plaintiff for commissions as a salesman over the amounts paid to him upon the defendants’ statements of the accounts. This action is brought to have the statements of accounts opened and set aside as accounts stated…