Andreae v. Bandler

This is a motion to strike out an amended answer as sham, and also for judgment on said amended answer as frivolous and as insufficient. The motion is therefore based upon both sections 537 and 538 of the Code. There is a well-defined distinction between a sham and a frivolous answer. The former is good upon its face, but false in fact, while the latter denies no material averment in the complaint, and sets up no defense. See Hull v. Smith, 8 How. Prac. 150. The complaint herein sets forth a contract between the parties by which plaintiffs were to manufacture for defendants certain goods, at…