Virgin Islands Corp. v. W. A. Taylor & Co.

FRANK, Circuit Judge.

1. A motion to dismiss a complaint, without the aid of anything except the complaint itself, is usually a most undesirable way for a defendant to seek a victory. For, on such a motion, the court must construe the complaint’s language in a manner most favorable to the plaintiff; and, if that language is at all ambiguous, seldom will it, when thus generously construed, fail to show a cause of action. So here, interpreting the complaint as we must, we conclude that the district judge erred.

2. The defendant telies on this sentence in clause 11 of the five-year 1940 contract:…