Tabenhouse v. International Oxygen Co.

The single question here is as to the sufficiency of the complaint, coupled with the bill of particulars. The complaint alleged that the defendant employed the plaintiff to procure a purchaser for its business, and “represented” (to whom does not appear) that for the year 192:6 it would show a profit of 15 per cent, .upon a million dollars, the purchase price. The plaintiff procured one Rose, who was able and willing to accept on these terms, but who in March, 1927, refused to complete, because the books did not show the profit “represented.” The bill of particulars alleged that the…