Taller & Cooper v. Illuminating Electric Co.

KERNER, Circuit Ju-dge.

Plaintiff, a New Jersey corporation, filed its -complaint and -bill of particulars against defendant to recover damages for alleged breach of a written contract. Defendant moved that the -complaint be dismissed on the ground that the comp-la-int -did not ■-state a ol-aim u-pon which relief could be -granted. The, court concluded- that the contract was void because -it lacked mutuality, sustained the motion, and entered a judgment if or costs agains-t plaintiff. From that judgment, this appeal is prosecuted.

Plaintiff agreed to -sell - and defendant agreed to buy, in…