Birdsell Mfg. Co. v. Anderson

ALLEN, Circuit Judge.

Appeal from a judgment sustaining a demurrer to appellant’s petition on the ground that the facts therein set forth were.not sufficient to constitute a cause of action, and dismissing the petition upon failure of appellant to further plead.

The petition in substance alleges that on April 24, 1930, appellant, an Indiana corporation which was engaged in the manufacture of farm wagons at South Bend, Indiana, entered into a contract with the Kentucky Wagon Manufacturing Company, a Kentucky corporation engaged in the manufacture of farm wagons at Louisville, Kentucky. The Wagon…