Henry H. Schott Co. v. Stone, Fisher & Lane

The appellant brought this action against the respondent to recover damages for a breach of contract. The lower court, on the motion of the respondent, struck out, as immaterial and irrelevant, the several allegations of the complaint relating to the damages alleged to have been suffered because of the breach, and dismissed the action on the refusal of the appellant to plead further. The case is here on the sufficiency of these allegations.

The contract, the breach of which is complained of, is set out in the complaint in the following language:

“That the plaintiff on or about the 10th day of…