McQuade v. Maidman

This is a motion by the plaintiffs to strike out each of five separate affirmative defenses contained in the defendant’s amended answer on the ground of insufficiency in law.

In substance it appears from the complaint that: The plaintiffs had acquired a business which they operated, and for that purpose occupied premises which would be available to them only until July 31, 1947. Beginning about May 1, 1947, they negotiated with the defendant for the purpose of either leasing or purchasing certain premises owned by the defendant and then occupied by a tenant. It was known to the parties that…