Legal Opinion

Oestreicher's Inc. v. Swormstedt Storage & Van Co.

Court of Common Pleas of Ohio, Franklin County, Civil Division

Decided November 1, 1954No. 190131Published

1Opinion of the Court

OPINION

By BARTLETT, J.

MOTION TO MAKE PETITION DEFINITE AND CERTAIN BY STATING:

1. WHAT THE VARIOUS ITEMS OF THE ALLEGED ACCOUNT REPRESENTS, AND WHETHER THEY ARE FOR GOODS OR SERVICES, OVERRULED.

2. WHETHER THE ITEMS WERE FURNISHED AT REQUEST OF DEFENDANT, OVERRULED.

The short form of pleading on an account authorized by statute obviates the necessity of many statements in the pleading which at common law would be essential; and the reason was to avoid the expense and burden of making each item the subject of separate causes of action. 31 O. Jur. Pleading, Sec. 89, p. 640; §2309.32 R. C.; Buffalo…

2Cases cited2 opinions

  1. Herkins v. PerrinOhio Court of Appeals · 1949
  2. Wright v. UtzingerOhio Court of Appeals · 1942

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