McGee v. F. S. Royster Guano Co.

WYCHE, District Judge.

The above case is before me on motion of the defendant Jerry Hewitt to dismiss the complaint as to him on the grounds “(1) That the Complaint of the Plaintiff *579fails to state a claim upon which relief can be granted in that said complaint alleges an action against the defendant, F. S. Royster Guano Company, based upon the breach of a contract made solely by and between the Plaintiff and the Defendant, F. S. Royster Guano Company. (2) That the Complaint of Plaintiff alleges in every particular that the Defendant, Jerry Hewitt, was acting within the scope of his authority…