Kuser v. Cooke

Defendants' motion is to strike out the first and second counts of the complaint. The reasons assigned and urged in support of this motion are that the allegations (1) fail to set forth a cause of action, and (2) are general, vague, lack sufficient particularity and are so framed as to embarrass a fair trial.

The basis for the relief sought under the first count — a dissolution of a mining partnership, c. — is stated therein to be founded upon the alleged existence of a co-partnership agreement between complainants and defendants. All the pertinent allegations, with respect to the creation,…