Washburn v. Moorman Mfg. Co.

NETERER, District Judge.

An amended complaint alleging jurisdictional facts, and the relation of the parties, states “that defendant became indebted to plaintiff upon an implied contract for the exclusive use of the photograph and name of plaintiff’s steer ‘Big Jim’, in the advertising of defendant’s animal food and products, in the sum of fifty thousand ($50,-000.00) dollars, the reasonable value thereof, all of which is due and unpaid.”

The defendant moves to dismiss, not sufficient facts being stated. Plaintiff contends the complaint is sufficient under Federal Rules'of Civil Procedure, 28…