Vanguard Military Equipment Corp. v. Schulein

The challenged counterclaim and cross complaint alleges an oral agreement between defendant-respondent, plaintiff and the impleaded defendants, which is vague, indefinite and uncertain. From the facts set forth the full intention of the parties to the alleged contract cannot be ascertained with a reasonable degree of certainty. Such an agreement is unenforcible. (Varney v. Ditmars, 217 N. Y. 223, 228.) The essential terms of a contract and the facts showing damage upon which the action is based must be pleaded. (King v. Krischer Mfg. Co., Inc., 220 App. Div. 584, 585; Janvier, Inc., v. Baker,…