Warner & Swasey Co. v. Ruster-Holz

SULLIVAN, District Judge.

The plaintiff has moved for summary judgment pursuant lo Rule 56, Rules of Civil Procedure, Title 28, U.S.C.A. following section 723c, in its favor. The defendant has made a like motion for judgment in her favor. The motions are based upon the pleadings and the stipulation of facts filed herein. It is unnecessary to recite the facts, since the same are fully set out in the stipulation.

The plaintiff’s cause of action is based upon the so-called option agreement contained in the trust instrument, and also upon the agreement between plaintiff, Miss Swasey and the…