the plaintiff has crystalized its contents by explicating an intention to plead; one transaction or occurrence; that is, a continuing conspiracy and a continuing plot to create a monopoly in the common article of commerce known as shredded wheat conceived by The Shredded Wheat Company and entered into, adopted and carried on by the defendant. With this knowledge, the single conspiracy theory is made the law of the case, and the motion to direct the plaintiff to state separately is denied.
The plaintiff has marked the motion for a more definite statement or for a bill of particulars
to show consent to certain items and opposition to others. In ruling upon the items objected to, we remember, the purpose of pleading under the new rules, is to give notice of what an adverse party may expect to meet, rather than frame issues. A motion for a more definite statement or particulars is not intended to obtain fact details, but, to enable a party to prepare his responsive pleading. The disjunctive statement "or to prepare for trial" has been read out of the rule. To ascertain the facts the broad rules of discovery
supersede the practice of framing issues by the pleadings.
As Dean, now Judge Clark, has said: "* * * if you want further evidence, you want it for two reasons, and they are both quite similar. One is to get further information to prepare your case; the other is for evidence for the trial. You do not get that by pleading, but you can get it by a full and complete system of discovery."
The plaintiff will serve on the defendant within 30 days after the service upon it of an Order therefor, with notice of entry, a more definite statement and a bill of particulars of the following items:
V. As to paragraph 10 of the complaint:
A complete statement.
(B) except; by whom and to whom.
(C) except; names of such agents, etc., of The Shredded Wheat Company and to whom.
(D) all except; by whom and to whom.
(E) all except; the name of the alleged spy.
(F) all except; by whom and to whom.
VII. As to paragraph 12 of the complaint:
IX. As to paragraph 14 of the complaint:
X. As to paragraph 15 of the complaint:
XIII. As to paragraph 19 of the complaint:
XIV. As to paragraph 24 of the complaint:
XV. As to paragraph 25 of the complaint:
Orders should be presented.