Hudepohl Brewing Co. v. Bannister

WYCHE, District Judge.

This matter is before me a second time on defendant’s motion to dismiss.

On February 16, 1942, plaintiff filed an action1 against the defendant, and sought to recover on the same cause of action set forth in the complaint now under consideration. The first complaint was dismissed on the ground that it did not state a claim upon which relief could be granted, (D.C., 45 F.Supp. 201) because the letter written by the defendant, considered in the light of the circumstances surrounding its writing, did not constitute a guaranty. No appeal was taken from the order to dismiss,…