Miller v. Florida East Coast Railway Co.

Motion to strike out certain words in the second defense of the admitted .answer, on the ground that the same is irrelevant and redundant, under section 545 of the Code of Civil Procedure. The facts alleged in the complaint are denied by the answer and. in addition thereto defendant sets up a separate defense “that the defendant duly performed all the conditions and covenants in said agreement contained (the agreement described in the complaint) on its part to be performed.” This defense, so set forth, should be stricken out. Rogers v. Morton, 46 Misc. Rep. 494; Stieffel v. Tolhurst, 55 App.…