Carrier Corp. v. Sims Motor Transport Lines, Inc.

HOFFMAN, District Judge.

The plaintiff has moved to dismiss Counts II and III of a counterclaim filed by Elmer W. Sims, counterclaimant. In the original complaint the plaintiff alleges that it purchased steel plate from the defendants Schultz, which the defendants Sims were to pick up at the railroad and deliver to the plaintiff. The defendants Schultz were to be paid $91,-080 therefor upon presentation to the Harris Trust and Savings Bank of certain documents, including a bill of lading. The defendants Sims executed a bill of lading for the steel upon representation by the defendants Schultz…