T. S. C. Motor Freight Lines v. Leonard Truck Lines, Inc.

DAWKINS, District Judge.

Plaintiff demands the specific performance of an agreement concerning the transfer of certificates of authority from the Interstate Commerce Commission and the Louisiana Public Service Commission, authorizing the operation of a trucking or transportation line over certain highways in the state. Defendant has filed a motion to dismiss for the reason, as it contends, “the complaint fails to state a claim in which relief can be granted.”

The basis for the motion to dismiss is that defendant says the contract involves the giving of earnest money and a stipulation for…