Goodman v. Henry Caplan, Inc.

Defendant moves herein for an order dismissing the complaint pursuant to subdivision 5 of rule 106 of the Rules of Civil Practice in that the complaint fails to state facts sufficient to constitute a cause of action. This is an action for specific performance instituted by the plaintiff to compel the defendant, a Chrysler automobile dealer, to deliver to the plaintiff a new Chrysler pursuant to a written order dated January 20, 1943. Plaintiff, on the signing of the order, deposited $100 as a down payment.

Though in a motion under rule 106 a pleading challenged for legal insufficiency must be…