Henry E. Cozzens, Respondent, v. The American General Engineering Company and Others, Defendants, Impleaded with George E. Austin, Appellant

Henry E. Cozzens, Respondent, v. The American General Engineering Company and Others, Defendants, Impleaded with George E. Austin, Appellant. Pleading—hill of particulars as to whether alleged contract was written or oral. Appeal from an order denying a motion for a bill of particulars. [MAJORITY — Per Curiam :] Per Curiam : The defendant is entitled to know whether the contract alleged in paragraph 9 of the complaint was oral or in writing; and if in writing, a copy thereof should be set forth; if oral, the terms thereof should be stated. The order appealed from is, therefore, reversed, with ten dollars costs, and the motion for a bill of particulars granted to the extent indicated, with ten dollars costs. Present — Ingraham, McLaughlin, Clarke, Houghton and Scott, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted to the extent indicated in opinion. Settle order on notice.