Tate v. Shober

KALODNER, District Judge.

This case is before the court on defendant’s motion to dismiss the amended complaint.

In substance, the amended complaint avers:

*479Continental Collieries, Incorporated, one of the plaintiffs, in 1938 entered into five written contracts with five owners or lessees of coal mines for the exclusive agency in the sale of coal produced by these mines (Paragraph 2, Amended Complaint).

Contemporaneously, the plaintiff Continental assigned to the plaintiff Wattles a one-half interest in these agency contracts in consideration of his services in their negotiation (Paragraph 3,…