McCrabb v. Moulton

GARDNER, Circuit Judge.

This was an action at law brought by appellant, seeking to recover $74,000 in damages for breach of a contract which he alleged obligated appellee to drill an oil well on certain properties described in the contract. It will be convenient to refer to the parties as they were designated in the trial court. The contract was in writing and a copy of it was attached to and by proper reference made a part of plaintiff’s complaint.

Defendant moved to dismiss the action on the ground that the complaint did not state facts sufficient to constitute a cause of action. The court…