Schroeder v. Mid-Hudson Packing Co.

LEIBELL, District Judge.

This is a motion made by two third-party defendants [the Jacobsons, doing business as Chicago Dressed Beef Co. and Chicago Beef Co., Inc.] to dismiss the third-party complaint of Mid-Hudson. The plaintiff’s complaint alleges breach of an agreement between Schroeder and the Mid-Hudson Packing Co., Inc. The agreement was for the purchase by Mid-Hudson of six carloads of assorted meat, at an-agreed price of $69,949.90. The complaint alleges that plaintiff delivered the six cars-to defendant and that defendant duly accepted and retained them; that no part of' the…