Cleary v. Ott

The plaintiff sues for the balance due for goods sold and delivered and work, labor, and services performed in certain buildings owned by the defendant. The defendant has obtained an order for a bill of particulars stating, among other matters:

“The precise locations where the material, alleged in paragraphs I and III of the complaint to have been sold and installed, were installed, and how said materials were distributed into the buildings, .floors, rooms, and walls.”

Prior to the making of the order the plaintiff had served an itemized statement showing in minutest details the materials…