Opinion
March 21, 1949.
Present — Peck, P.J., Glennon, Callahan, Van Voorhis and Shientag, JJ.
The fourth cause of action on its face is insufficient. The bill of particulars suggests that perhaps a sufficiently definite arrangement was made to constitute a valid contract, but if so, the terms of the contract should be set forth in the pleading. Specifically, if plaintiff was to buy from defendant and sell to others, the full and precise terms of the arrangement should be stated with a showing of how plaintiff was damaged. Order unanimously affirmed, with $20 costs and disbursements, with leave to the plaintiffs to serve an amended complaint within ten days after service of a copy of the order, with notice of entry thereof, on payment of said costs.