Loma Corp. v. Wing

This is a motion to strike out the separate defense in the answer as a sham, and for an order granting plaintiff judgment on the pleadings, and an order for an assessment of damages, providing therein that the defendant shall be credited with the full amount pleaded in the partial defense set out in the answer. The only questions argued are (a) the sufficiency in law of the separate defense in paragraph 2 of the. answer; and (b) whether the denial in the answer of paragraph 7 of the complaint, which alleges unliquidated damages in the sum of $30,000, raises an issue which precludes the making…