Mayo v. McCloskey & Co.

LEAHY, District Judge.

Defendants challenge the complaint by (1) a motion to dismiss for failure to state a claim; (2) a motion to strike, and (3) a motion for a more definite statement. The complaint has two counts: (1) breach of contract to construct a house and (2) misrepresentation of the condition of the house at the time of settlement. The theories behind defendants’ motions are that neither count states a cause of action and the counts are improperly joined; damages are not itemized; fraud and deceit are alleged generally and not with particularity; the identity of the corporate agents…