Gallagher Switchboard Corp. v. Heckler Electric Co.

The plaintiff moves pursuant to rule 109 of the Rules of Civil Practice for an order striking for insufficiency the second separate defense contained in the amended answer of defendant Heckler Electric Company, Inc. (hereinafter referred to as “ defendant ”). It is in substance alleged in said defense that the defendant signed under duress and compulsion a purported contract, dated March 25, 1961, modifying a purchase-order agreement theretofore entered into between plaintiff and defendant for the purchase by defendant from plaintiff of certain electrical equipment needed by the defendant for…