Hugill v. O'Harra Transp. Co.

DIMOND, District Judge.

The plaintiff, as assignee of Alaska Sawmill Company, a domestic corporation, now dissolved, brought this action to recover from the defendant a balance of $1,490.96, with interest from December 4, 1941, which plaintiff claims to be due to him from the defendant under a written building construction contract entered into and completed in the year 1941.

Defendant first filed a demurrer to the complaint upon the ground that plaintiff is without legal capacity to sue because it appears upon the face of the complaint that the plaintiff’s action is based on an assigned claim…