Huyler's v. Ritz-Carlton Restaurant & Hotel Co. of Atlantic City

MORRIS, District Judge.

An amended declaration in conformity with the opinion of the court of June 9, 1925 (6 F. [2d] 404), was filed herein on August 12th last. To this amended declaration, also, the defendant has demurred i specially, upon the grounds that a portion of the averments touching special damages are inadequate to support a particularized claim for special damages, and that as pleaded such averments are superfluous, impertinent, and extraneous.

After setting out the contract in hseo verba, and alleging the breach thereof by defendant’s failure to erect the building therein called…