Lainfiesta v. Sturges

The plaintiff and the defendant both move for judgment on the pleadings, consisting of an amended complaint and a demurrer thereto, upon the *459ground of insufficiency. The amended complaint alleges, among other things, that the defendant asked the plaintiff “ to marry him within a reasonable time thereafter, and the plaintiff then agreed to marry said defendant within a reasonable time thereafter.” The question is whether there is mutuality of promises, it being claimed on behalf of the defendant that there is no such mutuality, reliance being placed upon Smyth v. Greacen, 100 App. Div. 275,…