American Fidelity Fire Insurance v. Dunton

Plaintiff moves pursuant to rule 109 of the Rules of Civil Practice for an order striking out the first defense for insufficiency, and the defendant cross-moves for *270dismissal of the complaint pursuant to subdivision 4 of rule 106. Both motions present the same issue of law. Plaintiff and defendant had entered into an agency agreement, which contains the following provision: 1 ‘ The Company shall render to the Agent monthly, not later than the fifteenth (15th) day of the month following that in which the business is written, an account of money due to the Company on the business placed by the…