Transwestern Industries, Inc. v. Shue

WASSERSTROM, Judge.

This case was initiated by a petition in four counts. Institutional Agencies Corpo*849ration sued as plaintiff in Counts I and II, while Transwestern Industries, Inc., was plaintiff in Counts III and IV. Defendant Shue filed a motion to dismiss each of the four counts for failure to state a cause of action and the trial court sustained that motion as to Counts I and II. Transwest-ern then voluntarily dismissed Counts III and IV. Institutional Agencies appeals the order of dismissal only as to Count I.

Under the facts alleged in Count I, taken together with those shown by the…