Opinion
November 21, 1949.
In an action for specific performance of an option to purchase real property, order denying appellants' motion to dismiss the second amended complaint because of failure to state facts sufficient to constitute a cause of action, reversed, with $10 costs and disbursements, and the motion granted, without costs, with leave to plaintiff to plead over within ten days after entry of an order hereon. The complaint sets forth immaterialities, e.g., plaintiff's lack of knowledge of the conveyance of the real estate, which was a matter of public record; and various redundancies and evidentiary matter. It fails to state a cause of action for specific performance against the defendant corporation, and it does not allege sufficient facts to state any other cause of action against that defendant. It does not allege any misrepresentations made by any agent of the individual defendant. Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.