Mills & Exports Co. v. Fleischman

COLLET, District Judge.

Defendants’ motions to dismiss, to strike portions of the petition and to make more definite and certain were consolidated in one motion.

The motion to dismiss is based upon the ground that “the complaint fails to state a claim against defendants upon which relief can be granted.”

The petition is for damages for breach of a contract to purchase eight carloads of pipe fittings called “protectors” at a price of $57.50 per net ton. It is alleged that shipments were to be made upon shipping instructions to be furnished by defendant and were to be completed by February 28,…