Rosenthal-Block China Corp. v. Johann Haviland China Corp.

Order, entered September 27, 1960, as resettled by order, entered November 4, 1960, insofar as appealed from, unanimously reversed on the law and on the facts, with $20 costs and disbursements to plaintiffs-appellants, and motion by defiendan ts-respondents to strike paragraphs 11, 12, 14, 27 and 41 as sham is denied, with $10 costs. As a general rule, a plaintiff may “ determine in his own mind the legal effect of the written contract or other document upon which his cause of action is founded, and plead its legal effect as he understands it”. (United *916States Print. & Lithograph Co. v.…