Opinion
May 12, 1952.
In an action by an author for damages against defendants who are variously charged in the complaint to have been his agents generally for the purpose of procuring publication and distribution of certain works of his, defendants appeal from an order denying their motion to require plaintiff separately to state and number causes of action, pursuant to rule 90 of the Rules of Civil Practice. Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs. In our opinion, the matter set forth as the second cause of action in the complaint contains two separate causes of action, one for simple breach of contract against defendants Visual Enterprises, Inc., and Harlan Logan, and the other for breach of fiduciary obligation, against all defendants. Nolan, P.J., Carswell, Johnston, Adel and Wenzel, JJ., concur.