Townley v. Import Chemical Co.

Upon the complaint as framed, we are satisfied that there is but one cause of action attempted to be set forth. Upon the question whether there is a cause of action which would withstand demurrer, we express no opinion. (See Matter of Bouker Contracting Co. v. Calahan Contracting Co., 93 Misc. Rep. 341; affd., on opinion of Lehman, J., 173 App. Div. 906.) The order appealed from is, therefore, affirmed, with ten dollars costs and disbursements. Present — Clarke, P. J., McLaughlin, Laughlin, Smith and Page, JJ. Order affirmed, with ten dollars costs and disbursements.