Citations
- 129 A.D. 14
Full opinion text
Gaynor, J.:
The complaint is brief, plain and clear. It alleges that the plaintiff and the defendant entered into a contract by which the defendant agreed to purchase of the plaintiff at 62-| cents a yard all of the 27-inch embossed plushes which the plaintiff should manufacture from June 15th, the date of the contract, to the following October 1st, in certain specified patterns, the defendant to designate every 15 days the styles to be made for the next two weeks, deliveries to be made at specified times, and settlements to be made the 10th of each month ; that in accordance with the terms thereof the plaintiff manufactured and delivered to the defendant 7507£ yards of the said plushes by July 22nd, and that no part of the §4,691.95 therefor has been paid except the sum of §93.91; that thereafter, and by August 14th, the plaintiff manufactured and tendered to the defendant 20,761-J- yards thereof, in accordance with the terms of the contract, but the defendant refused to receive the same, and no part of the §12,975.94 therefor has been paid, and that the goods were stored for his account and he was notified thereof; that thereafter the defendant refused and notified the plaintiff that he refused to receive any further deliveries under the said contract; that the plaintiff performed all of the conditions of the contract to be performed by it, and that its damage by the defendant’s breaches is §32,574.01.
The answer is about as unscientific, complex and irksome as could be drawn with that object in view. When our system of pleading is so plain and easy, if our Code of Civil Procedure be followed, and the object of pleadings is to enable the trial judge to see easily and at a glance what the issues are, instead of being baffled and perplexed by them, it is beyond understanding why such an answer as this should be drawn. First in an answer under our system of pleading comes joining of issue on the complaint, i.