Jos. H. Carter, Inc. v. Carter

Motion to dismiss the amended complaint for legal insufficiency is granted. The action is for a declaratory judgment with respect to a written agreement entered into "between the planitiffs and defendant, dated December 13, 1949, a copy of which is annexed to the complaint as Exhibit 1, and is referred to as the principal agreement.

The following, in substance, is what the amended complaint sets forth: That the individual plaintiffs and defendant are the sole stockholders, directors and officers of the corporate plaintiff; that defendant is president and a director of the corporate plaintiff…