State Farm Mutual Automobile Insurance v. West

JOHN E. MILLER, District Judge.

The question before the court is presented by motion filed by plaintiffs for summary judgment on Count 2 of defendant’s counterclaim and the cross motion filed by the defendant. All other issues have been disposed of, and the only remaining issue in this case is the claim of defendant against the plaintiffs on Count 2 of his counterclaim. The parties have stipulated the relevant and material facts.

The defendant and plaintiffs entered into a written agreement effective January 1, 1954, by which the defendant was appointed Local Agent for plaintiffs. A copy of the…