Ottomann v. Fletcher
The Superior Court of the City of New York and Buffalo
At chambers. Action by Jacob Ottomann against George H. Fletcher. The complaint alleged that plaintiff and one Alberto H. Chaffee entered into a contract in writing whereby plaintiff agreed to make and deliver to Chaffee a lot of comic playing cards and advertising cards.
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At chambers. Action by Jacob Ottomann against George H. Fletcher. The complaint alleged that plaintiff and one Alberto H. Chaffee entered into a contract in writing whereby plaintiff agreed to make and deliver to Chaffee a lot of comic playing cards and advertising cards. The third, fourth, and fifth paragraphs of the complaint, referred to in the opinion, are as follows: “ (3) That plaintiff has complied with all the terms of said contract as modified, as alleged hereinafter, and has made and delivered or duly tendered to said Chaffee thirty-seven thousand seven hundred packs of said cards,…
1Opinion of the CourtDugro, J.
I think the complaint should be made more definite and certain by giving the substance and full terms of the alleged modification, and also by stating whether the words “said contract,” in paragraph 5, refer to the original contract, or to the same as modified. The precise meaning and the application of the allegations of the complaint are apparent without specification of the time and place of the alleged modification, or any statement as to whether this modification was in writing; and therefore the defendant’s motion, so far as it asks for information as to these particulars, should not be…
2Cases cited2 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Betts v. BacheThe Superior Court of New York City · 1862
3Cited by1 opinion
- Whitner v. PerhacsNew York Supreme Court · 1890