PLEADING-COMBINING ALTERNATIVE ALLEGATIONS AND RELIEFS

Authors

Abstract

Defendant musicians' association had ordered defendant orchestra to terminate its services with plaintiff restaurant, whereupon plaintiff filed a so-called alternative bill praying relief. The first set of allegations stated a written contract with the association by which it was to furnish as its agents an orchestra, added that it was mutually understood that defendant orchestra was meant, and prayed that the association be ordered to specifically perform. The alternative bill made no mention of the written contract, but set out an oral one with defendant orchestra with which defendant association was maliciously and without right interfering, and prayed that defendant orchestra be ordered to specifically perform its contract and that the association be enjoined from interfering. Defendant's demurrer to the bill that it stated no grounds for equitable relief was sustained, and, on appeal, it was held that the bill should be read as a whole and, in view of the written contract as a fact alleged, neither statement set out grounds for relief. Chinese American Restaurant, Inc., v. Finigan et al. (Mass. 1930) 172 N.E. 510.

Recommended Citation

PLEADING-COMBINING ALTERNATIVE ALLEGATIONS AND RELIEFS, 29 Mich. L. Rev. 118 (1930).
Available at: https://repository.law.umich.edu/mlr/vol29/iss1/26