Rudolph v. Cinco

In this action for specific performance of a contract to sell real property, defendant has moved this court for an order dismissing the complaint pursuant to rule 106 of the Rules of Civil Practice, upon the ground that the complaint does not state facts sufficient to constitute a cause of action, and for an order pursuant to rule 107 of the Rules of Civil Practice upon the following subdivisions of said rule: pursuant to subdivision 2 on the ground that the plaintiff has no legal capacity to sue; pursuant to subdivision 5, upon the ground that the alleged cause of action did not accrue…