Roberts v. Safety Buggy Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Edward J. Roberts and another against the Safety Buggy Company for breach of a contract. From an order denying a motion to compel plaintiffs to furnish a bill of particulars, defendant appeals.
1Opinion of the CourtPatterson, J.
The order denying the motion for a bill of particulars should be reversed. Under the allegations of the complaint and the issues raised by the answer, the defendant was entitled to the particulars of some of the matters stated in the complaint as constituting plaintiffs’ cause of action, although not to the extent suggested in the notice of motion. The action is for the breach of a contract by which the defendant agreed to sell to the plaintiffs certain vehicles at $55 apiece, and in consideration of the purchase by the plaintiffs the defendant stipulated to give to the plaintiffs the control…
2Cases cited2 opinions
- Isaac v. WilischNew York Supreme Court · 1893
- Jutsum v. Bricklayers', Plasterers' & Stonemasons' UnionNew York Supreme Court · 1894
3Cited by2 opinions
- Dietz v. LeberAppellate Division of the Supreme Court of the State of New York · 1898
- Mussinan v. Willner Wood Co.Appellate Division of the Supreme Court of the State of New York · 1902