Harrington Manufacturing Co. v. Powell Manufacturing Co.

PARKER, Judge.

PLAINTIFF’S APPEAL

On plaintiff Harrington’s appeal, Harrington assigns error to the granting of Powell’s motion dismissing Harrington’s action by way of summary judgment. Defendant Powell contends the summary judgment was properly entered and cross-assigns as error the denial of its earlier motion to dismiss Harrington’s complaint under Rule 12(b)(6) for failure to state a claim upon which relief can be granted.

In substance, plaintiff Harrington alleged in its complaint that defendant Powell had advertised falsely that its tobacco combine was the only one which “primes lugs…