Becker v. Hercules Foundries, Inc.

Action to recover for work, labor and services and also for damages for breach of contract. Order granting defendant’s motion to dismiss the complaint on the ground (a) that the plaintiff has not legal capacity to sue and (b) that the complaint does not state facts sufficient to constitute a cause of action, in so far as appealed from, reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, with leave to respondent to answer within ten days from the entry of the order hereon. (1) Plaintiff was not without legal capacity to sue.…