Heaman v. E. N. Rowell Co.

Defendant seeks upon this motion to dismiss plaintiff’s complaint, pursuant to rule 112 of the Rules of Civil Practice, upon the ground that it fails to state facts sufficient to constitute a cause of action. The motion is addressed to the entire complaint. If any cause of action is stated the motion must be denied, even if it is apparent that the plaintiff is not entitled to all the relief which he seeks.

The pleading is inartistically drawn. In the first count two causes of action are attempted to be set up, without being separately stated or numbered; one is for the unpaid portion of the…