Seaboard Terminals Corp. v. Standard Oil Co. of New Jersey

We adopt as our own Judge Patterson’s opinion, D.C., 24 F.Supp. 1018, so far as it disposes of the action against the Standard Oil Company of New Jersey and the American Oil Company. We do not commit ourselves, however, as to the proposition that on a motion for summary judgment affidavits going beyond the complaint can under no circumstances be considered. The judgment finally disposes of the action, and if facts appear in affidavits which would justify an amended complaint, there may be ground for treating the complaint as though it were already amended to conform. The affidavits in the…