Bertolf Bros. v. Leuthardt

The plaintiff appeals from an order denying its motion for summary judgment pursuant to rules 113 and 114 of the Rules of Civil Practice and section 255-a of the Civil Practice Act. Order reversed on the law, with ten dollars costs and disbursements, the motion to strike out paragraphs “ First ” and “ Fourth ” of the defendant’s answer is granted, with ten dollars costs, and judgment is directed for the plaintiff as prayed for in the complaint, less the sum of ninety dollars with interest from September 23, 1939. In so far as the plaintiff’s claim is concerned, the defendant failed to raise…