Poorvu v. Vacca

YOUNGDAHL, District Judge.

This cause came on to be heard upon the motion of the defendant to quash the return of personal service of process. In support of his motion, the defendant offered three independent grounds.

One claim was that the defendant had no contract which could be the subject of the plaintiff’s suit for specific performance, or in the alternative, for *949damages. The defendant contended that the writing which purported to be a contract was really only “written evidence” of past transactions or an agreement to agree. In any event, he maintained, it was not a contract subject to…