Rosenwasser v. Blyn Shoes, Inc.

Defendants move for judgment on the pleadings pursuant to rule 112 of the Rules of Civil Practice, contending that the complaint, as amplified by the bill of particulars, is insufficient in law. The bill states that the agreement alleged in the complaint upon which the action is based was in writing, and proceeds to set forth the correspondence upon which this is predicated. It is, therefore, necessary upon this motion to consider the bill in connection with the complaint and to permit the actual provisions of the agreement to replace plaintiff’s assumed interpretation as pleaded in the…