Olympic Junior, Inc., in No. 71-1440 v. David Crystal, Inc. Appeal of Edward Defabio, in No. 71-1441. Appeal of Paul D'alessandro, in No. 71-1442

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge.

This is a contract action brought by appellants Edward DeFabio and Paul D’Alessandro, and their corporation, Olympic Juniors, Inc. (“Olympic”), against appellees David Crystal, Inc. (“Crystal”), and Philip E. Crystal. After the action was commenced, Crystal was acquired by appellee General Mills, Inc., which was thereupon joined as a party defendant. 1

Count 2 of the amended complaint avers that an agreement existed among Olympic and the defendants that if Crystal were sold, Olympic would be included in the sale. Counts 3 and 4 aver that an…