Edelman v. Locker

BARD, District Judge.

Plaintiff moves (1) for judgment on the pleadings under Rule 12(c) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, insofar as liability is allegedly admitted in part by the answer, and (2) for dismissal of the counterclaim under Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c for failure to state a claim upon which relief can be granted.

The action is brought to recover for merchandise sold by plaintiff to defendant according to an account annexed to the complaint. The account sets forth certain fur…