Maxherman Co. v. Alper

Motion for judgment dismissing the complaint on the ground that the same, as amplified by bills of particulars, does not state a cause of action. The complaint is in common form for goods sold and delivered by plaintiff to defendants and on the face thereof sufficiently states a cause of action for the agreed price or reasonable value of the goods. Plaintiff in its bills of particulars, however, expressly disclaims any express contract of sale with defendants, stating its theory to be that the action is on a quasi contract on the following alleged facts: That plaintiff sold the goods in suit…