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10 Abb. Pr. 143

Farcy v. Lee

New York Court of Common Pleas

Decided March 15, 1859

New York Court of Common Pleas · decided 1859-03-15

Motion that plaintiff be required to amend his complaint. The complaint alleged that, heretofore, by request of the wife of the defendant, the plaintiff and her servants performed for the defendant at, &c., “ work, labor, and services, and furnished divers materials therefor, at the days and times, and in and about the matters and things, and at the prices, specified in an account already delivered to the defendant in respect thereof, and upon which the defendant paid her on…

Decided 1859-03-15

Hilton, J.

¶1—Although it is not necessary in pleading to set out the items of an account referred to in it, yet in an action for work, labor, services, and materials, the complaint should be so sufficiently definite and certain as to enable the defendant to ascertain from it the nature and character of the claim, and the period within which it is alleged to have arisen. (Code, §§ 158, 160.) If more particularity is desired, it can be obtained either by demand, or a judge’s order, under section 158.

¶2Tested by these views the complaint is clearly defective. It is so indefinite and uncertain that the precise nature of the plaintiff’s claim is not apparent from it. It must be amended, and the defendant will have twenty days to answer after service of it as amended.

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