O'Brien v. Tonawanda Board & Paper Co.

Order reversed, with ten dollars costs and disbursements, and motion granted, witM.ten dollars costs. Held, the matter alleged in paragraph 8 of the complaint might have been material in the suit in equity for specific performance, but under the issue as now framed for damages sustained by plaintiff for defendant’s alleged breach of the contract, it is at least irrelevant, the defendant is aggrieved, and it should-be stricken out. All concur.