Reilly v. Steinhardt

The complaint herein sets forth, in two counts, an option which the plaintiff gave to the defendant allowing the defendant upon certain conditions and terms to purchase of the plaintiff certain real and personal property. The second count sets forth the option agreement, which appears to be signed by the plaintiff but not by the defendant. The complaint alleges the failure of the defendant to pay the balance of the agreed consideration promised in exchange for the option and asks judgment therefor. The defendant demurs on the ground that neither of the counts nor the entire complaint sets…