Paxton v. Desch Building Block Co.

VAN DUSEN, District Judge.

These actions are now before the court for disposition on motions of the defendant to dismiss and for judgment on the pleadings in both of plaintiff's eases, and on motion by plaintiff in the replevin action (Civil Action No. 19,953) to strike the counterclaim.

Facts.

On March 12, 1953, Curtis F. Paxton, 1 plaintiff in this action, 2 entered into an agreement with Jerrold Oakley and J. Nevins McBride for the sale of his interest in a partnership conducted by him under the name of Walker Cement Products Company 3 at Little Ferry, New Jersey, excepting, in part, “the…