Smyth v. Fleischmann

Baker, Chief Justice.

The appellant in' this case, plaintiff below, alleges in her complaint the making of a contract with the respondent, under the terms of which she was employed to work in a bakery establishment conducted by the respondent, and the breach of such contract.

The questions presented on this appeal arise out of allegations of the complaint charging that the alleged breach of the contract by the respondent involved fraud in the inception of the contract as well as in the breach thereof. The issues were presented below by motion on the part of the respondent to strike from the…