Widder Dye & Chemical Co. v. United States Marking Tag Co.

Order dismissing the complaint reversed on the law, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs, with leave to answer within ten days from the entry of the order herein, on the ground that the complaint states facts sufficient to constitute a cause of action. There is sufficient allegation of consideration in the complaint, and evidence to support this allegation will be admissible although the agreement itself may not show mutual promises or undertakings. (Hocking Valley Railway Co. v. Barbour, 190 App. Div. 341.) The agreement is not necessarily…