R. E. Crummer & Co. v. Nuveen

SPARKS, Circuit Judge.

The plaintiff appeals from an order dismissing its complaint in a contract action for failure to state a claim upon which relief could be granted. The original hill of complaint, after necessary jurisdictional averments, alleged that on November 25, and 29, 1941, defendants, desiring to buy certain bonds at par, caused publication of a notice 1 in a daily and weekly paper circulated among municipal bond dealers. The complaint further alleged that plaintiff was, in November, the owner and holder of $458,829 principal amount of the bonds, dated June 1, 1940, and due June…