Merchants Refrigerating Co. v. Fenchel Realty Co.

Ackebson, S. C. C.

This is a motion to strike out the defendant’s amended answer as sham in part and frivolous in part, and for the entry of summary judgment.

After reading the pleadings and affidavits, I have reached the conclusion that the first seventeen paragraphs of the amended answer must be stricken out as sham.

The first special defense is payment through the sale of collateral security. This is evidently sham because there is nothing whatever in the defendant’s affidavit, submitted with this motion, to support it. The second special defense is to the effect that the defendant “had no…