Bowles

Plaintiff requested, and was granted, leave to file a memorandum of authorities in opposition to defendant’s motion for a bill of particulars. Due consideration thereof prompts the following modification of the opinion and order heretofore rendered and made herein with respect to said motion.

As was said in Bowles v. Schultz, D.C., 54 F.Supp. 708 , 710: “The granting of a bill of particulars is a matter within the sound discretion of the court but in exercising its discretion the court should not overlook general principles. Conclusions of law cannot be substituted for statements of facts forming the basis of the cause of action.”

Plaintiff’s complaint makes no segregation of the “blackberries, boysenberries and youngberries,” alleged to have been sold as “frozen berries” “within one year last past.”

In Bowles v. Yankee Brewing Co., D.C., 4 F.R.D. 508, 509 , the Court pointed out: “Reference to ‘amounts ranging from thirty cents (300) per case to fifty cents (500) per case’ and ‘seventy-five cents (750) and One Dollar ($1) per half barrel does not advise the defendants of the product in the ‘case’ or ‘barrel,’ nor the number of ‘cases’ or ‘barrels’ sold at the claimed…