Lang v. Lang

Leyden, C. C. J.

The motion is to strike the complaint as insufficient in law.

The complaint alleges, substantially, that in July, 1945, the plaintiff and defendant sold premises owned by them as tenants by the entirety for the sum of $5,000; that the defendant fraudulently induced the plaintiff to endorse the cheek given in payment under a promise to pay her the sum of $2,500 of the proceeds; that the defendant failed to pay her said sum and in fact 'converted it to his own use. She seeks as damages $2,500 with interest from July 10th, 1945.

It was admitted on the argument that the parties were *27…