Realty Merchantile Credit Ass'n v. Menger

The complaint fails to set forth any agreement binding upon the plaintiff, or accepted or signed by it, and also fails to allege due performance of any conditions or covenants. The demurrer should therefore have been sustained.

Judgment reversed, with costs, and demurrer sustained, with leave to plaintiff to serve an amended complaint upon payment of costs within six days after entry of this order in the Municipal Court, and notice of such entry. All concur.