Bethmar Industrial Corp. v. Century Hardware Corp.

DECISION and ORDER

MYRON L. GORDON, District Judge

The defendant has moved to disrr the third and fourth claims of the plaint and also to have certain r *734of the first claim made more definite and certain. I have concluded that the latter motion should be granted and that the motion to dismiss should be denied.

The third cause of action seeks damages for the defendant’s alleged failure to purchase from the plaintiff the fasteners which the defendant required for its own use in the ordinary course of its business. The defendant urges that this claim for relief must fail because of an absence of…