Eday Fabrics, Inc. v. Seymour Dress Co., Inc.

The opinion of the court was delivered by

'Bbogajst, Chief Justice.

The trial court, on motion, struck out the complaint as sham and from the judgment thereupon entered in favor of the defendant, the plaintiff appeals.

The complaint was stated in three counts. No purpose is served by narrating them in detail. It is sufficient to say that the plaintiff alleged an unpaid balance, due and owed for goods sold and delivered, amounting to $6,500.

In support of the motion challenging the complaint as sham, the defendant offered an affidavit of Sol Kleiman, an officer of the defendant company. In…