Peru Wheel Co. v. Union Coal Co.

This was a suit brought by appellant in March, 1937, to restrain appellee from a violation of the terms of a contract. Appellee filed its motion to dismiss the complaint on the grounds that the instrument was lacking in mutuality and terminable at the option of either party. The court sustained the motion. Appellant elected to abide its complaint. This appeal arises from the order of the court dismissing the complaint with judgment against plaintiff for costs.

Prior to February 15,1901, appellant company operated under the name of Peru Plow & Wheel Company, and appellee operated under the name…