Rockefeller v. Kellas

A complaint should contain a plain and concise statement of the material facts without unnecessary repetition *370on which the plaintiffs rely, without setting forth evidence by which they are to be proved. (Civ. Prac. Act, § 241.) A complaint states a cause of action if, under its allegations, evidence may be admitted which will prove a cause of action; and the plaintiff is entitled to all the facts that may be fairly implied from the allegations by reasonable and fair intendment. (Sage v. Culver, 147 N. Y. 241; Abbey v. Wheeler, 170 id. 122, 127.)

This action is primarily brought to recover the…