Atlantic & Pacific Packing Co. v. Weinstein

Action to recover damages in connection with the sale of a quantity of canned salmon. The defendant moved to dismiss the second amended complaint under rule 106 of the Rules of Civil Practice on the ground it failed to state a cause of action, and for alternative relief under rule 102 of said rules. Order denying defendant’s motion reversed on the law, with $10 costs and disbursements, and the motion to dismiss the complaint granted, with $10 costs, with leave to plaintiff to serve an amended complaint within ten days from the entry of. the order hereon if it be so advised. The contract…