Dari-Delite, Inc. v. Cleckner

OPINION

By WEICK, District Judge.

The complaint is labelled “Complaint for Breach of Contract.” It sets forth a claim for damages for the alleged failure of the defendants to pay royalties provided under a written contract for the use of ice cream freezer machines.

Jurisdiction of this court is based on diversity of citizenship.

The case was tried by the court without a jury.

Dari-Delite, Inc., an Illinois corporation, was made an involuntary plaintiff by the court under the provisions of Rule 19(a) of the Federal Rules of Civil Procedure, 28 U. S. C. A.

A written contract was entered into between…