T. S. C. Motor Freight Lines v. Leonard Truck Lines, Inc.

DAWKINS, District Judge.

Plaintiff sued originally for specific performance only of a contract to have certain franchises and rights for operating a truck line conveyed to it. Relief was denied, D.C., 57 F.Supp. 628; the judgment was signed on November 27th, and filed on November 29th, 1944. In this decree there was reserved “to plaintiff the right to sue defendant for the recovery of the amount placed in escrow and the sum of $1000 as damages”. On December 29th, 1944, plaintiff filed what is styled an “amended petition” reciting the ruling thus made and praying for. the return of the check…