Fowler v. Mumford

Herrmann, J.:

This is an action for breach of a written contract under the provisions of which, according to the averments of the complaint, the defendant entered into an unqualified agreement to sell and convey certain parcels of land to the plaintiffs. Pursuant to Civil Rule 12(f), 1 the plaintiffs move to strike defenses identified in the answer as First, Fourth, Fifth, Sixth, Seventh and Eighth, on the ground that those defenses are insufficient.

The First Defense asserts that the complaint fails to state a claim upon which relief can be grante.d. This is always a sufficient defense. See…