Brassteel Manufacturing Co. v. Mitsubishi International Corp.

Defendant moves for an order pursuant to rule 106 of the Rules of Civil Practice to dismiss the first cause of action for the breach of a written contract for legal insufficiency.

In pleading this cause plaintiff sets forth the relations of the parties, that they entered into a contract in writing, plaintiff’s readiness to perform and its commencement of performance, and that it duly demanded performance of the defendant which wholly failed and still fails and neglects to perform.

The allegations of due performance are adequate as to all contract terms, inclusive of the requirement that…