Spector v. Walcot Manufacturing Co.

Finlettee, P. J.,

The plaintiff pleads a copy of book entries, coupled with an averment that “at the special instance and request of the defendant, the plaintiff did perform certain services and work, and did sell and deliver to the defendant certain material and supplies, as would more fully appear” in copies of his books of original entry attached.

Defendant moves to strike off the statement because it contains no allegation whether or not the contract sued upon was oral or written, nor any copy, if in fact there was a writing.

There seems to be some diversity of view throughout the State…