Southern Wood Preserving Co. v. Wills

OPINION

ROSENBERG, District Judge.

This matter is before me on the motion of M S & R, Inc., (MSR) to dismiss the plaintiff’s amended complaint pursuant to the provisions of Rule 12(b) (6) of the Federal Rules of Civil Procedure.1

On or about January 23, 1969 the defendant Charles S. Wills was engaged as a general contractor for the construc*1005tion of a building for MSR. At that time the plaintiff submitted a proposal to Wills for the installation of a southern yellow pine floor. Wills accepted the proposal but because his “reputation and financial responsibility was unknown” the plaintiff requested…