Dairymen's League Co-operative Ass'n v. Levy Dairy Co.

Defendants move for a bill of particulars, pursuant to the provisions of section 247 of the Civil Practice Act, of certain claims of the plaintiff. That motion has been denied in so far as it pertains to the cause of action based on goods sold and delivered.

Plaintiff has attached to and made a part of its verified complaint a schedule numbering and setting forth the items of its claim, and the reasonable value or agreed price of each, as provided by section 255-a of the Civil Practice Act (added by Laws of 1923, chap. 196, as amd. by Laws of 1927, chap. 248). It was, therefore, incumbent upon…