J. D. Construction Corp. v. Isaacs

The opinion of the court was delivered

Pee Cueiam.

The defendant moved to strike one count of an amended complaint, before answer filed, as failing upon its face to state a claim upon which relief can be granted, R. R. 4:12-2(e). The Law Division granted the motion as to certain allegations thereof and ordered plaintiffs to file and serve a further amended complaint deleting the stricken portions. The Appellate Division affirmed on plaintiffs’ appeal from this interlocutory order, allowed by leave of the court. 95 N. J. Super. 122 (1967). We granted plaintiffs’ petition for certification. 50 N.…